Savage & Ors v. Griffith City Council [1988] NSWLEC 135

Land and Environment Court of New South Wales

CITATION : Savage & Ors v. Griffith City Council [1988] NSWLEC 135 APPLICANTS Savage and Ors PARTIES : RESPONDENT Griffith City Council FILE NUMBER(S) : 30362 of 1987 CORAM: Holland J KEY ISSUES: :- LEGISLATION CITED: Local Government Act, 1919. Spencer v. The Commonwealth (1907); elungaloo v. The Commonwealth (1948); Turner v. The Minister (1956) ; Company v. Lacoste (1914) ; Pastoral Finance Association Ltd. v. The Minister (1914) ; Bronzel v. State Planning Authority (1979); CASES CITED: Pastoral Finance Association Ltd. v. The Minister (1914); Minister for Public Works v. Thistlethwayte (1954); Turner v. Minister of Public In; struction (1956); The Moreton Club v. The Commonwealth (1948); Minister for Public Works v. Thistlethwayte (1954); Arkaba Holdings Ltd. v. Commissioner of Highways (1969) ; The Housing Commission v. Falconer (198l) DATES OF HEARING: DATE OF JUDGMENT: 09/01/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: In this claim for compensation for land of the applicants at l63 Yambil Street, Griffith, resumed by the Council by notice published in the Government Gazette on 28 November 1986, it is agreed that the market value of the land at that date was $105,000; but there is an issue as to whether the land had special value to the applicants and, if so, by what amount the market value ought to be increased to allow for it. There are some incidental issues that I will come to later.