NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Cassidy v Sydney Water Corporation [2008] NSWLEC 223 This decision has been amended. Please see the end of the judgment for a list of the amendments.
Peter John Cassidy (First Applicant) PARTIES : Hayley Estelle Cassidy (Second Applicant) Sydney Water Corporation (Respondent)
FILE NUMBER(S) : 30233 of 2007
CORAM: Jagot J
KEY ISSUES: Compulsory Acquisition of Land :- compensation - market value - identifying the public purpose for which the land was acquired - comparable sales - solatium
Environmental Planning and Assessment Act 1979 Growth Centres (Development Corporations) Act 1974 LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 Local Government Act 1993 Sydney Water Act 1994 Water Board Act 1987
Carson v Department of Environment & Planning (1985) 3 NSWLR 99 Caruana v Port Macquarie-Hastings Council [2007] NSWLEC 109 CASES CITED: D & C Dwight v Sydney Water Corporation Limited [1995] NSWLEC 72 Walker Corp Pty Ltd v Sydney Harbour Foreshore Authority (2008) 242 ALR 383 WG & C Nominees Pty Ltd v Sydney Water Corporation Limited (Unreported, Land and Environment Court, Talbot J, 19 June 1996)
DATES OF HEARING: 28 - 31/7/08, 1/8/08
DATE OF JUDGMENT: 18 August 2008
APPLICANTS Mr P Tomasetti SC SOLICITORS Colin Biggers & Paisley LEGAL REPRESENTATIVES: RESPONDENT Mr J J Webster SC SOLICITORS Bartier Perry
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