NSW Caselaw
Land and Environment Court of New South Wales
CITATION : BP Australia Pty Ltd v Roads and Traffic Authority of NSW [2006] NSWLEC 147
APPLICANT: BP Australia Pty Ltd PARTIES : RESPONDENT: Roads and Traffic Authority of NSW
FILE NUMBER(S) : 31536 of 2004
CORAM: Biscoe J
KEY ISSUES: Compensation - Compulsory Acquisition of Land :- Capitalisation rate evidence—inadmissibility of valuation reports which do not contain acknowledgment that witness has read expert Code of Conduct and agrees to be bound by it.
LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991, s 55
Ballina Shire Council v Jacobson [2006] NSWLEC 135; Blacktown City Council v Roads and Traffic Authority of New South Wales [2006] NSWLEC 37; Commissioner Of Succession Duties (SA) v Executor Trustee and Agency Co of South Australia Ltd (1947) 74 CLR 358; Cook and Edwards v City of Stirling (1991) 4 WAR 469; Eastaway v Commonwealth (1951) 84 CLR 328; CASES CITED: Fodor Investments v Hornsby Shire Council [2005] NSWLEC 71; Latimer v North Coast National Agricultural & Industrial Society (1938) 17 LVR (NSW) 67; Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; Portal Software v Bodsworth [2005] NSWSC 1228; Roads Corporation v Dacakis [1995] 2 VR 508; The Commonwealth v Milledge (1953) 90 CLR 157
DATES OF HEARING: 15-17/03/2006
DATE OF JUDGMENT: 04/07/2006
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