RTA v Collex Pty Limited [2009] NSWCA 101

New South Wales Court of Appeal

CITATION: RTA v Collex Pty Limited [2009] NSWCA 101

HEARING DATE(S): 10 April 2008, 11 April 2008

JUDGMENT DATE: 7 May 2009

JUDGMENT OF: Beazley JA at 1; Hodgson JA at 156; Tobias JA at 1

DECISION: Appeal dismissed with costs

CATCHWORDS: REAL PROPERTY – Compulsory acquisition of land – Compensation – Assessment of particular land and interests – Mines and quarries – Airspace – Whether terms of a Deed giving respondent a right to airspace created by quarrying activities on the acquired land for landfill operations in exchange for an airspace creation payment should have been taken into account for the purposes of assessing compensation – Whether respondent suffered loss of airspace – Whether compensation should be reduced on the basis that respondent was able to recover loss from third party under the Deed – Whether respondent's obligation under the Deed to make airspace creation payments was relevant to assessment of compensation – Injurious affection of adjoining property – Before and after method of valuation – Whether compensation to respondent ought to have been reduced due to payment made by appellant to third party – Whether third party had a compensable interest in land within the meaning of s 56(2) of the Land Acquisition (Just Terms Compensation) Act 1991 – Comparable sales and discounted cash flow methodologies – Expert evidence should not outweigh commonsense analysis - APPEAL – Right of Appeal – When appeal lies – Error of law – Failure to give reasons for decision – Whether reasons adequate

Environmental Planning & Assessment Act 1979 LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979 Roads Act 1993