NSW Caselaw
Reported Decision : 151 LGERA 186
New South Wales Court of Appeal
CITATION: SYDNEY HARBOUR FORESHORE AUTHORITY v WALKER CORPORATION PTY LTD [NO. 2] [2006] NSWCA 386
HEARING DATE(S): 27 and 28 November 2006
JUDGMENT DATE: 21 December 2006
JUDGMENT OF: Handley JA at 1; Beazley JA at 1; Basten JA at 1
DECISION: (1) Allow the appeal and set aside the judgment and orders of the Land and Environment Court delivered and made on 4 April 2006; (2) Remit the matter to the Land and Environment Court for assessment of the market value of the land, according to law.
CATCHWORDS: JUST TERMS COMPENSATION – Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s 56(1)(a) – meaning of "the proposal" – land zoned for industrial use – whether land should have been treated as zoned for residential use – whether zoning authority's decision to maintain existing zoning to prevent land being developed in a manner inconsistent with a possible future use constituted part of "the proposal to carry out the public purpose": – resuming authority did not have proposal to acquire land at time of the rezoning authority's decision – whether decision to maintain zoning caused decrease in value of land
Environmental Planning and Assessment Act 1979 (NSW), ss 26, 27 LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 55, 56 Land and Environment Court Act 1979 (NSW), s 57 Public Works Act 1912 (NSW), s 124
Broken Bay Peninsula Pty Ltd v Minister Administering the National Parks and Wildlife Act 1974 [1997] NSWLEC 165 Housing Commission of New South Wales v San Sebastian Pty Ltd (1978) 140 CLR 196 Leichhardt Council v Roads & Traffic Authority (NSW) [2006] NSWCA 353 CASES CITED: Queensland v Murphy (1990) 95 ALR 493 Smith v Roads and Traffic Authority (NSW) [2005] NSWLEC 438 Sydney Harbour Foreshore Authority v Walker Corporation Pty Ltd (2005) 63 NSWLR 407 Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2004] NSWLEC 315
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