NSW Caselaw
New South Wales Court of Appeal
CITATION: Roads & Traffic Authority of New South Wales v Blacktown City Council [2007] NSWCA 20
HEARING DATE(S): 15 February 2007 JUDGMENT OF: Spigelman CJ at 1, 59; Beazley JA at 57; Hodgson JA at 58
EX TEMPORE JUDGMENT DATE: 15 February 2007
DECISION: The appeal should be dismissed with costs.
CATCHWORDS: REAL PROPERTY – resumption or acquisition of land – compensation – assessment – valuation of land – expert valuation – judicial valuation
LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991; s66, s56(1) Local Government Act 1993
Bankstown City Council v Roads and Traffic Authority of NSW [2004] NSWLEC 772 Blacktown City Council v Roads and Traffic Authority of NSW [2006] NSWLEC 37 CASES CITED: Canterbury City Council v Roads and Traffic Authority of NSW [2002] NSWLEC 161 Canterbury City Council v Roads and Traffic Authority of NSW [2004] NSWLEC 172 Commonwealth v Milledge (1953) 90 CLR 157 Leichhardt Council v Roads and Traffic Authority of NSW [2006] NSWCA 353
PARTIES: Roads and Traffic Authority of New South Wales (Appellant) Blacktown City Council (Respondent)
FILE NUMBER(S): CA 40096/06
COUNSEL: M Craig QC/ P Tomasetti (Appellant) J Robson SC (Respondent)
SOLICITORS: P J Kelso, Norman Waterhouse (Appellant) Dr N G Brunton, Henry Davis York (Respondent)
LOWER COURT JURISDICTION: Land & Environment Court
LOWER COURT FILE NUMBER(S): 30133 of 2005
LOWER COURT JUDICIAL OFFICER: Bignold J
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