Sydney Harbour Foreshore Authority v Walker Corporation Pty Ltd [2005] NSWCA 251

Reported Decision : 141 LGERA 243 63 NSWLR 407

New South Wales Court of Appeal

Sydney Harbour Foreshore Authority v Walker Corporation Pty Ltd [2005] NSWCA 251 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 11 May 2005

JUDGMENT DATE: 27 July 2005

JUDGMENT OF: Beazley JA at 1; Basten JA at 2; Stein AJA at 112

DECISION: 1. Appeal allowed and orders made by the Land and Environment Court on 24 September 2004 set aside; 2. The matter is remitted to the Land and Environment Court to be dealt with according to law; 3. The Respondent is to pay the Appellant's costs of the appeal and cross-appeal in this Court, but to have a certificate under the Suitors' Fund Act 1951 (NSW), if otherwise so entitled; 4. Direct that the costs of the parties in the Land and Environment Court be determined by that Court, on the further hearing of the matter.

CATCHWORDS: Just terms compensation - land zoned for waterfront industrial use - whether land could be treated as having been zoned for residential use - meaning of 'proposal' in s56(1)(a) of the Land Acquisition (Just Terms Compensation) Act 1991 -contaminated land - whether contractual right to remediation could be taken into account in determining value of land at the date of acquisition

Sydney Harbour Foreshore Authority Act 1998 (NSW) Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Land and Environment Court Act 1979 (NSW) LEGISLATION CITED: Sydney Harbour Foreshore Authority Regulation 1999 Lands Acquisition Act 1989 (Cth) Environmental Planning and Assessment Act 1979 (NSW) Interpretation Act 1987 (NSW)