E.M. Power v. Department Of Education [1989] NSWLEC 232

Land and Environment Court of New South Wales

CITATION : E.M. Power v. Department Of Education [1989] NSWLEC 232 APPLICANT E.M. Power PARTIES : RESPONDENT Department of Education FILE NUMBER(S) : 30334 of 1988 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act Hieronymus and Anor v. Minister for Education, Land & Environment Court, 29th June, 1989 (unreported).; Bergman v. Holroyd City Council, Land & Environment Court, 6th July 1988 ; CASES CITED: Spencer v. Commonwealth of Australia (1907) 5 CLR 418; Royal Sydney Golf Club v. Federal Commissioner of Taxation (1957) 2 LGRA 203, at 216; Leichhardt Municipal Council v. Seatainer Terminals Pty Ltd 48 LGRA 409, at 436 DATES OF HEARING: DATE OF JUDGMENT: 08/29/1989

APPLICANT S.B. Austin J.A. Ayling Taperell Rutledge, Gosford.

LEGAL REPRESENTATIVES:

RESPONDENT J.A. Ayling State Crown Solicitor

JUDGMENT:

HIS HONOUR: E.M. Power was the registered proprietor of two parcels of land in Berkeley Road, Berkeley Vale within the Shire of Wyong. The whole of the land comprised 20.2ha, i.e. 10.7ha on the southern side of Berkeley Road, and 9.5ha on the northern side. By notice in the Government Gazette of 19th April, 1984 the Minister for Education resumed an allotment described as Lot 1 in D.P. 701342, and having an area of 3.327ha, from the land on the northern side of Berkeley Road then comprising Lots 49, 51 and 52. The parties cannot agree on the amount of compensation, and application is made to this Court to determine the dispute.