RTA v Muir Properties Pty Ltd [2005] NSWCA 460

Reported Decision : 143 LGERA 192

New South Wales Court of Appeal

CITATION: RTA v Muir Properties Pty Ltd [2005] NSWCA 460

HEARING DATE(S): 23 November 2005

JUDGMENT DATE: 21 December 2005

JUDGMENT OF: Tobias JA at 1; McColl JA at 124; Hunt AJA at 125

DECISION: (a) Appeal allowed; (b) Cross-appeal allowed; (c) Set aside so much of the orders made by Bignold J on 9 November 2004 as determined that the injurious affection to the respondent's retained land was the sum of $3,000,000; (d) The respondent's claim for compensation for injurious affection under s55(f) of the Land Acquisition (Just Terms Compensation) Act 1991 with respect to the whole of the 6.177 hectares retained by it after the acquisition by the appellant of Lot 2 in DP 1043755 and Lots 18, 19, 26 and 27 in DP 1031575 be remitted to the Land and Environment Court for redetermination in accordance with these reasons for judgment; (e) Each party to pay its own costs of the appeal and cross-appeal

CATCHWORDS: ENVIRONMENT AND PLANNING – Compulsory acquisition of land – Compensation for injurious affection – Acquisition of road frontage land – Proposed transitway with no access from retained land to main road – "Before" and "after" valuation exercise – Appropriate discount for risk – Whether Point Gourde principle applied to determination of injurious affection – Affect to underlying zoning of retained land – Land Acquisition (Just Terms) Compensation Act 1991 s 55(f)

Baulkham Hills Local Environmental Plan 1991 Environmental Planning and Assessment Act 1979 Interpretation Act 1987 Land Acquisition (Just Terms) Compensation Act 1991 LEGISLATION CITED: Land and Environment Court 1979 Local Government Act 1919 Roads Act 1993 State Roads Act 1986