The Proprietors Of Strata Plan 20754 v. The Council Of The Shire Of Hawkesbury [1989] NSWLEC 219

Land and Environment Court of New South Wales

CITATION : The Proprietors Of Strata Plan 20754 v. The Council Of The Shire Of Hawkesbury [1989] NSWLEC 219 APPLICANT The Proprietors Of Strata Plan 20754 PARTIES : RESPONDENT The Council Of The Shire Of Hawkesbury FILE NUMBER(S) : 30409 of 1989 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Realty Corporation Ltd. v. Commissioner for Main Roads ((1940) 14 LGR 204); Gosford Shire Council v. Green ((1980) 48 LGRA 201 at 208); Manufacturers' Mutual v. Gosford City Council (1981); CASES CITED: Jones v. Blue Mountains City Council (1978) ; Daly v. Manly Municipal Council ((1983) 50 LGRA 301) ; Hieronymous v. Minister for Education (Land and Environment Court Unreported 29 June 1989); Brell v. Penrith City Council ((1965) 11 LGRA 156) DATES OF HEARING: DATE OF JUDGMENT: 07/25/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: The applicants, the Proprietors of Strata Plan 20754, claim compensation for the resumption by the respondent Council on 25 September 1987 of part of the land in Certificate of Title Volume 15137 folio 231 being lot 6 in DP 738084. The land has an area of 789.5m2 or thereabouts and is situate at 298 Windsor Street, Richmond. The resumption was for the purposes of public car parking.

Valuation evidence was called by the parties and, on behalf of the applicant, Mr. Kinchington valued the resumed land at $255,000 and Mr. Alford, for the Council, arrived at a net gain in value of $67,000, and therefore assessed compensation at nil.