Roads & Traffic Authority of New South Wales v Peak [2007] NSWCA 66

New South Wales Court of Appeal

CITATION: Roads & Traffic Authority of New South Wales v Peak [2007] NSWCA 66

HEARING DATE(S): 17 November 2006

JUDGMENT DATE: 27 March 2007

JUDGMENT OF: Beazley JA at 1; Tobias JA at 1; Basten JA at 121

DECISION: 1. Appeal dismissed; 2. Cross-appeal allowed; 3. Set aside orders 1 and 3 made by Pain J on 6 February 2006; 4. Remit the matter to the Land and Environment Court for redetermination in accordance with these reasons; 5. The appellant to pay the respondents' costs of the appeal and cross-appeal.

CATCHWORDS: Appeal – jurisdiction on appeal – Land and Environment Court -whether error of trial judge involved point or question of law – failure to accord procedural fairness - Real property – acquisition of land – compensation – valuation of land – before and after approach – whether trial judge erred in valuating after scenario - Real property – acquisition of land – whether residence uninhabitable – hypothetical purchaser and seller - whether trial judge erred in admitting prospective acoustic evidence - Real property – acquisition of land – compensation – valuation of land – loss attributable to disturbance – financial costs incurred relating to actual use of the land - residue land intimately connected with actual use of acquired land - Real property – acquisition of land – compensation – valuation of land – loss attributable to disturbance – financial costs incurred in connection with relocation - whether trial judge erred finding relocation costs payable only for acquired land

LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 (NSW) ss 37, 54, 55, 55(a), 55(f), 56, 56(1), 59, 59(a), 59(b), 59(c), 59(f), 61(2), 66 Land and Environment Court Act 1979 (NSW) ss 5, 38, 56A, 57