T. Koutsouras v. State Rail Authority of New South Wales [1988] NSWLEC 27

Land and Environment Court of New South Wales

CITATION : T. Koutsouras v. State Rail Authority of New South Wales [1988] NSWLEC 27 APPLICANT T. Koutsouras PARTIES : RESPONDENT State Rail Authority of New South Wales FILE NUMBER(S) : 30360 of 1987 CORAM: Hemmings J KEY ISSUES: :- Public Works Act 1912 LEGISLATION CITED: Local Government Act 1919. Land and Environment Court Act English Exporters (London) Limited v. Eldonwall Limited, [1973]; CASES CITED: Jacobs J. in Housing Commission of N.S.W. v. San Sebastian Pty Limited, (1978); Spencer v. Commonwealth of Australia, (1907) DATES OF HEARING: DATE OF JUDGMENT: 10/27/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: Mr Theadore Koutsouras was the registered proprietor of all of the land comprised within Certificate of Title Volume 14165 Folio 80, being Lot 20 of Section 5 in Deposited Plan 10225 in the City of Bankstown, Parish of Bankstown, County of Cumberland, and known as Number 110 Park Road, East Hills ("the subject property").

By Notice published in New South Wales Government Gazette on 2nd November, 1984 the respondent compulsorily acquired all of the owner's interest in the subject property.

The parties have been unable to agree on the amount of compensation, and application is made to this Court to determine such compensation in accordance with the provisions of s.124 of the Public Works Act 1912.

The subject property was located within the East Hills Shopping Centre and erected thereon was a single storey brick shop. At the rear of the shop was a storeroom/ office and amenities. The rear yard was fenced and was used for the storage of timber and other saleable items. Construction of the building was generally of full brick, with rendered internal walls and concrete footings and with a floor of timber and concrete. The building had a typical shop front with cantilevered awning, but part of the frontage had been altered to provide a roller shutter door and a rough road base driveway to give access from Park Road to the yard behind the building. The rear of the property and workshop area was used for the purpose of a joinery shop, making kitchen cupboards. Gross floor area of the building was approximately 178m2. The building was structurally sound and did not appear to require any major essential repairs.