Tanner v The Minister for Education and Training [2002] NSWLEC 40

Reported Decision : 119 LGERA 321

Land and Environment Court of New South Wales

CITATION : Tanner v The Minister for Education and Training [2002] NSWLEC 40 APPLICANT: Tanner PARTIES : RESPONDENT: The Minister for Education and Training FILE NUMBER(S) : 30011 of 2001 CORAM: Bignold J KEY ISSUES: Compensation :- compulsory acquisition-whether land acquired was a public road-Whether right of access to public road by owner of adjoining land an "interest" in land. Land Acquisition (Just Terms Compensation) Act 1991 LEGISLATION CITED: Roads Act 1993 Conveyancing Act 1919 Police Towns Act 1838 Chief Commissioner for Railways and Tramways NSW v Attorney General for NSW (1909) 9CLR 547; Commissioner of Main Roads v North Shore Gas Company (1967) 120 CLR 118; Dabbs v Seaman (1925) 36 CLR 538; Farquhar v Newbury Rural Council (1909) 1 Ch 12; Hornsby Council v Roads and Traffic Authority (1997) 41 NSWLR 151; Jackson v Rudd (1895) 2WN 15; CASES CITED: Lake Macquarie City Council v Luka 1999) 106 LGERA 94; Newington v Windeyer (1985) 3 NSWLR 555; Owen v O'Connor (1963) 9 LGRA 159 at 179; Shellharbour Municipal Council v Rovili Pty Ltd (1989) 16 NSWLR 104; Tomark Pty Ltd v Bellevue Crescent Pty Ltd (1999) NSWCA 347; W H Chaplin and Co Ltd v Mayor of City of Westminster (1901) 2Ch 329; Walsh v Ervin (1952) VLR 361 DATES OF HEARING: 29-30 October 2001 DATE OF JUDGMENT: 03/20/2002