Legato v Roads and Traffic Authority of New South Wales [2004] NSWLEC 643

Land and Environment Court of New South Wales

CITATION : Legato v Roads and Traffic Authority of New South Wales [2004] NSWLEC 643 APPLICANT: PARTIES : Grazia Gioffre Legato RESPONDENT: Roads and Traffic Authority of New South Wales FILE NUMBER(S) : 30189 of 2004 CORAM: Pain J KEY ISSUES: Compulsory Acquisition of Land :- Compensation for the diminished value of residual land following acquisition of abutting land for the M7 Westlink - Injurious affection LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991, s 42, s 54(1), s 55, s 66 Roads Act 1993 CASES CITED: McDonald v Deputy Federal Commissioner of Land Tax (1915) 20 CLR 231 15/11/2004 DATES OF HEARING: 16/11/2004 17/11/2004 DATE OF JUDGMENT: 11/18/2004

APPLICANT: Mr I Hemmings (barrister) instructed by Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT: Ms J. Jagot (barrister) instructed by Blake Dawson Waldron

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

18 November 2004

30189 of 2004 Legato v Roads and Traffic Authority of New South Wales

JUDGMENT

1 Her Honour: Prior to 10 October 2003 the Applicant, Mrs Legato, owned the whole of Lot 16 DP 833741 known as 42 Maple Road, Casula ("the Parent Land"). On 14 May 2003 a deposited plan was registered which divided the Parent Land into two separate lots being Lot 21 DP 1052978 which is 13,440 m2 and Lot 23 DP 1052987 which is 147.3 m2. By notice published in the Government Gazette on 10 October 2003, the Roads and Traffic Authority of New South Wales ("the RTA") compulsorily acquired Lot 23 DP 1052987 ("the Acquired Land") pursuant to the Roads Act 1993 for the purpose of constructing the M7 Westlink, formerly known as the Western Sydney Orbital. Lot 21 in DP 1052978 ("the Residue Land") remains in the ownership of the Applicant.