NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Murlam Pty Limited v Roads and Traffic Authority of New South Wales [2009] NSWLEC 1365
APPLICANT Murlam Pty Limited PARTIES : RESPONDENT Roads and Traffic Authority of New South Wales
FILE NUMBER(S) : 30506 of 2008
CORAM: Miller AC
KEY ISSUES: COMPENSATION - COMPULSORY ACQUISITION OF LAND :- Market value of lease, extinguishment of business, value of business goodwill, entitlement to loss of profits pre acquisition, loss on sale of stock at date of acquisition and rental offset for occupation post acquisition
LEGISLATION CITED: (Just Terms Compensation) Act 1991
Privy Council in Director of Buildings and Lands v. Shun Fung Ironworks Ltd [1995] 2 AC 111 N Stevenson Pty Limited v Roads and Traffic Authority of New South Wales [1994] 83 LGERA 248 Caruana v Port Macquarie -- Hastings Council [2007] NSWLEC 109 Fitzpatrick Investments Pty Limited v. Blacktown City Council (No 2) [2000] NSWLEC 139 CASES CITED: Inland Revenue Commissioners v. Muller and Co's Margarine Ltd [1901] All ER 413 The Minister for Home and Territories v Lazarus [1919] 26 CLR 159 Commissioner of Succession Duties (South Australia) and Executor Trustee and Agency Company of South Australia Ltd and others [1947] 74 CLR 358 Elense No 17 v. Minister for Public Works [1990] 77 LGRA 56-57 Keogh V. Housing Commission of Victoria (No 2) [1969] 18 LGRA 297
TEXTS CITED: Rost and Collins, Land Valuation and Compensation (3rd ed 1984)
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