Sydney Water v Besmaw [2002] NSWCA 147

New South Wales Court of Appeal

CITATION : Sydney Water v Besmaw [2002] NSWCA 147 FILE NUMBER(S) : CA 40118 of 2001 HEARING DATE(S) : 10/05/02 JUDGMENT DATE : 31 May 2002

Sydney Water Corporation PARTIES : v Besmaw Pty Ltd JUDGMENT OF : Meagher JA at 1; Hodgson JA at 10; Ipp AJA at 15

LOWER COURT JURISDICTION : Land & Environment Court LOWER COURT L&EC 30050 of 1999 FILE NUMBER(S) : LOWER COURT Sheahan J JUDICIAL OFFICER :

COUNSEL : A: Mr S G French SC & Mr J Webster R: Mr J Ayling SC & Miss H Irish SOLICITORS : A: Bartier Perry R: Corrs Westgarth Chambers CATCHWORDS : Section 59(f) Land Acquisition (Just Terms Acquisition) Act 1991 - amount of compensation payable - "disturbance" under sections 59(f) of Act - whether the rights to block the respondent's access are merely theoretical - whether the respondent could obtain relief under section 41 of the Sydney Water Act 1994. LEGISLATION CITED : Sydney Water Act 1994 Land Acquisition (Just Terms Compensation) Act 1991 DECISION : Appeal dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40118 of 2001 L&EC 30050 of 1999

MEAGHER JA HODGSON JA IPP AJA

Friday, 31 May 2002 SYDNEY WATER CORPORATION v BESMAW PTY LTD

FACTS

Besmaw, the respondent, is the owner of land and carries on the business of extracting and selling sand, and rehabilitating the land. Current ingress to the land is via Lindum Street, and egress is from the land onto Captain Cook Drive. Sydney Water Corporation, the appellant, constructed a sewer main through the sandhills off Captain Cook Drive. At trial, the respondent was awarded the sum of $1 530 122.10 in the Land and Environment Court for "disturbance" under s 59(f) of the Land Acquisition (Just Terms Acquisition) Act ; an amount of compensation which was awarded in relation to the disturbance caused by the compulsory acquisition of the easement by the appellant.