C. Bonora and Anor v. The Minister Administering The Environmental Planning And Assessment Act, 1979 [1988] NSWLEC 38

Land and Environment Court of New South Wales

CITATION : C. Bonora and Anor v. The Minister Administering The Environmental Planning And Assessment Act, 1979 [1988] NSWLEC 38 APPLICANTS C. Bonora and Anor

PARTIES : RESPONDENT The Minister Administering The Environmental Planning And Assessment Act, 1979

FILE NUMBER(S) : 30418 of 1980 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: State Planning Authority Act 1963 Housing Commission of New South Wales v. San Sebastian Pty Limited, 37 L.G.R.A. 214.; E. Bergman v. Council of the Municipality of Holroyd, 6th July, 1988 (unreported).; CASES CITED: Woollams v. The Minister, 2 L.G.R.A. 338 at 347; Tatmar Pastoral Company Pty Limited and Anor v. The Housing Commission of New South Wales; Cripps J. 17th March, 1982 (unreported). DATES OF HEARING: DATE OF JUDGMENT: 08/25/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: On 5th January, 1968 the Minister for Local Government, by notice in the Government Gazette, resumed Lot B, North Parade, Mount Druitt, being the whole of the land in Certificate of Title Volume 7204, Folios 241 and 242 ("the land") for the purposes of the State Planning Authority Act 1963. The applicants were at that time the registered proprietors of the land which by such notification was vested in the State Planning Authority of New South Wales ("the S.P.A."). The applicants' interest in the land was thereby converted into a claim for compensation which was valued by the respondent at $32,000 and by the applicants at $292,500. The Court is required to determine the amount of such compensation.