Coundrelis v Roads and Traffic Authority of New South Wales [2008] NSWLEC 72

Land and Environment Court of New South Wales

CITATION : Coundrelis v Roads and Traffic Authority of New South Wales [2008] NSWLEC 72

APPLICANTS: Perry Coundrelis and Richelle Anne Coundrelis PARTIES : RESPONDENT: Roads and Traffic Authority of New South Wales

FILE NUMBER(S) : 30313 of 2006

CORAM: Biscoe J

KEY ISSUES: Compulsory Acquisition of Land :- assessment of compensation - market value - injurious affection - whether carrying out of road works public purpose for which land was acquired resulted in flooding to or loss of access from retained adjoining land.

Baulkham Hills Local Environmental Plan 2005 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 149 Land Acquisition (Just Terms Compensation) Act 1991 ss 55(a), 55(d), 55(f), 56 Sydney Regional Environmental Plan No. 19 - Rouse Hill Development Area

Boland v Yates Property Corporation Pty Ltd (1999) 167 ALR 575 Commissioner of Succession Duties (SA) v Executor Trustee and Agency Co of South Australia Ltd (1947) 74 CLR 358 CASES CITED: Cook, Saad, Raguz v Roads and Traffic Authority of New South Wales [2007] NSWLEC 136 Maidment v Roads and Traffic Authority (NSW) (2006) 153 LGERA 249 Roads and Traffic Authority (NSW) v Mosca (2006) 146 LGERA 335 Spencer v Commonwealth (1907) 5 CLR 418

DATES OF HEARING: 14-16/8/07, 3-4/12/07, 17/12/07

DATE OF JUDGMENT: 28 February 2008

APPLICANTS: Mr I J Hemmings and Mr A Hyam, barristers SOLICITORS Peter Bouzanis & Associates LEGAL REPRESENTATIVES: RESPONDENT: Mr R Lancaster, barrister SOLICITORS Henry Davis York