NSW Caselaw
Reported Decision : 141 LGERA 40
New South Wales Court of Appeal
CITATION: KIRELA PTY LTD v MINISTER ADMINISTERING THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 [2005] NSWCA 108
HEARING DATE(S): 15 December 2004, 16 December 2004
JUDGMENT DATE: 13 April 2005
JUDGMENT OF: Sheller JA at 1; Beazley JA at 136; Brownie AJA at 137
DECISION: Appeal dismissed with costs.
CATCHWORDS: Compulsory acquisition - valuation of land - whether amount of compensation determined in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 - whether all relevant evidence taken into account - whether fees paid to town planner and surveyor were loss attributable to disturbance or were incurred relating to the actual use of the land - Procedure - submission made after trial but before judgment - whether trial Judge wrongly took submission into account
Environmental Planning and Assessment Act 1979 Land Acquisition (Just Terms Compensation) Act 1991 LEGISLATION CITED: Land and Environment Act 1979 Rivers and Foreshores Improvement Act 1948 Supreme Court Act 1970
Associated Confectionary (Aust) Ltd v Mineral and Chemical Traders Pty Ltd (1991) 21 NSWLR 349 Blacktown Council v Fitzpatrick Investments [2001] NSWCA 259 Corrie & Anor v MacDermott [1914] AC 1056 Griffith City Council v Pelegato & Anor (1990) 20 NSWLR 696 Horn v Sunderland Corporation [1941] 2 KB 26 Housing Commission of New South Wales v Falconer & Ors [1981] 1 NSWLR 547 Housing Commission of New South Wales v San Sebastian Pty Ltd & Ors (1978) 140 CLR 196 CASES CITED: Maurici v Chief Commissioner of State Revenue (2002) 212 CLR 111 Overton Investments Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 (2001) 113 LGERA 439 Pointe Gourde Quarrying and Transport Company Ltd v Sub-Intendent of Crown Lands [1947] AC 565 Silverwater Estate Pty Ltd v Auburn Council & Anor [2001] NSWLEC 60 The Crown v Murphy & Anor (1990) 64 ALJR 593 Vaughan-Taylor v David Mitchell-Melcann Pty Ltd (1991) 25NSWLR 580 Yates Property Corporation Pty Ltd (In
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