NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Caruso and Ors v Sydney Water Corporation [2008] NSWLEC 320 This decision has been amended. Please see the end of the judgment for a list of the amendments.
FIRST APPLICANTS Domenico Caruso Nicola Caruso
SECOND APPLICANT Joseph Mesiti
PARTIES : THIRD APPLICANT Nicola Caruso
FOURTH APPLICANT John Nati
FIFTH APPLICANTS Giuseppe Polito Maria Polito
FILE NUMBER(S) : 30692, 30693, 30694, 30765 and 30766 of 2007
CORAM: Pain J
KEY ISSUES: Compulsory Acquisition of Land :- partial acquisitions - compensation - market value - identification of the public purpose for which the land was acquired - what advice would prudent hypothetical purchaser receive in relation to highest and best use of the land - application of comparable sales - whether injurious affection payable for landlocked residue land - disturbance
Baulkham Hills Local Environmental Plan 1991 Baulkham Hills Local Environmental Plan 2005 Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Sydney Regional Environmental Plan No 19 – Rouse Hill Development Area Sydney Water Act 1994 Threatened Species Conservation Act 1995
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