RTA v Maggiotto & Anor [2007] NSWCA 24

New South Wales Court of Appeal

CITATION: RTA v Maggiotto & Anor [2007] NSWCA 24

HEARING DATE(S): 8 February 2007

JUDGMENT DATE: 26 February 2007

JUDGMENT OF: Hodgson JA at 1; Tobias JA at 15; Campbell JA at 84

DECISION: (a) Appeal allowed; (b) Set aside Orders 1 and 2 of Cowdroy J made on 22 February 2006; (c) Remit the proceedings to the Land and Environment Court for the respondents' claim for compensation to be assessed according to law; (d) The respondents to pay the appellant's costs of the appeal with respect to Ground 1 of its Amended Grounds of Appeal filed on 1 August 2006 but to have a certificate under the Suitor's Fund Act, 1951 if otherwise qualified; (e) The appellant to pay the respondents' costs of preparation of the appeal with respect to Grounds 2, 3 and 4 of the Amended Grounds of Appeal

CATCHWORDS: REAL PROPERTY – Resumption or acquisition of land – Compensation – Assessment and related matters – Valuation of land – Conflicting methods of valuation used by Expert Witnesses - Deductions for constraints on land – Where valuation of one Witness ostensibly adopted but method used by that witness not followed through

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979 Suitor's Fund Act, 1951

Leichhardt Municipal Council v Seatainer Terminals Pty Ltd (1981) 48 LGERA 409 Melwood Units Pty Ltd v Commissioner for Main Roads (1978) 52 ALJR 593; 37 LGERA 387 CASES CITED: Roads & Traffic Authority (NSW) v Mosca (2006) 146 LGERA 335 Roads & Traffic Authority (NSW) v Muir Properties Pty Ltd [2005] 143 LGERA 192 Yates Property Corp (in liq) v Darling Harbour Authority (1991) 24 NSWLR 156; 73 LGERA 47