NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Chino Pty Limited v Transport Infrastructure Development Corporation and Anor (No 2) [2007] NSWLEC 99
APPLICANT Chino Pty Limited PARTIES : FIRST RESPONDENT Transport Infrastructure Development Corporation SECOND RESPONDENT Willoughby City Council
FILE NUMBER(S) : 31242 of 2005, 30243 of 2005
CORAM: Pain J
KEY ISSUES: Compensation :- final orders
LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 s 55
CASES CITED: Chino Pty Limited v Transport Infrastructure Development Corporation and Anor [2006] NSWLEC 768
DATES OF HEARING: 22 December 2006
DATE OF JUDGMENT: 12 March 2007
APPLICANT Mr J Ayling SC SOLICITOR Mallesons Stephen Jaques FIRST RESPONDENT LEGAL REPRESENTATIVES: Mr J Maston SOLICITOR Clayton Utz SECOND RESPONDENT Mr P Tomasetti SOLICITOR Pike Pike & Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
12 March 2007
31242 of 2005; 30243 of 2005 Chino Pty Limited v Transport Infrastructure Development Corporation and Willoughby City Council (No 2)
JUDGMENT 1 Her Honour: I gave judgment in Chino Pty Limited v Transport Infrastructure Development Corporation and Anor [2006] NSWLEC 768 on 22 December 2006 and required the Applicant and Willoughby City Council (the Council), who is the Second Respondent, to file additional evidence from their respective valuers as identified at [172] of that judgment. This was to enable me to make final orders for compensation to be paid under the Land Acquisition (Just Terms Compensation) Act 1991 (the Just Terms Act). The additional evidence required was sensitivity analyses applying varying "after" capitalisation rates and number of years rental income likely to be paid by a theoretical purchaser in order to reflect different "risk" factors in the after scenario. This evidence has been provided from Mr Dundas, valuer, on behalf of the Council (now exhibit 1K) and Mr Davis, valuer, on behalf of the Applicant (now exhibit P).
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate