The Owners Of Strata Plan 30064 v Road And Traffic Authority [2003] NSWLEC 248

> Land and Environment Court of New South Wales

CITATION : The Owners Of Strata Plan 30064 v Road And Traffic Authority [2003] NSWLEC 248 APPLICANT: The Owners Of Strata Plan 30064 PARTIES : RESPONDENT: Road And Traffic Authority FILE NUMBER(S) : (3)0226 of 2002 CORAM: Bignold J KEY ISSUES: Compulsory Acquisition of Land :- acquisition of part of common property of strata scheme-whether lessees of three lots entitled to claim compensation by way of disturbance-application for joinder as claimants LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 Strata Schemes (Freehold Development) Act 1973 CASES CITED: DATES OF HEARING: 08/11/2002 EX TEMPORE JUDGMENT DATE : 11/08/2002

APPLICANT: Mr J Webster SC SOLICITORS Hunt and Hunt LEGAL REPRESENTATIVES: RESPONDENT: Mr J Maston, Barrister SOLICITORS Corrs Chambers Westgarth

JUDGMENT:

IN THE LAND AND Matter No. 0226(3) of 2002 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 8 November 2002

THE OWNERS OF STRATA PLAN 30064

Applicant

v

ROADS AND TRAFFIC AUTHORITY

Respondent

JUDGMENT

1. This is a Motion filed in class 3 proceedings involving a claim for compensation for the compulsory acquisition of some land at Prestons, compulsorily acquired pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 by gazette notice published on 17 December 2001. The land acquired was part of the common property of a strata scheme involving a warehousing type development and not a residential strata scheme.