Al Amanah College Incorporated v Minister for Education and Training [2011] NSWLEC 189

Land and Environment Court New South Wales

Medium Neutral Citation: Al Amanah College Incorporated v Minister for Education and Training [2011] NSWLEC 189 Hearing dates: 17-25, 27, 31 October 2011, 3 November 2011 Decision date: 25 November 2011 Jurisdiction: Class 3 Before: Biscoe J Decision: Compensation for market value determined at $10,885,000 Catchwords: COMPULSORY ACQUISITION:- of land with benefit of development consent for Islamic school for up to 1,200 students - compensation for market value and disturbance - highest and best use as Islamic private school - whether premium paid for land with potential for school use over are residential use - purchaser to be treated as having been put in possession of all information and advantages disposed dispossessed owner enjoyed - relevance of offers to purchase comparable properties - relevance of subjective intention of purchasers of comparable properties - meaning of "complement" in local environmental plan. Legislation Cited: Bankstown Local Environmental Plan 2002 cll 11, 12, 30 Land Acquisition (Just Terms Compensation) Act 1991 ss 55, 56(1), 59, 66 Uniform Civil Procedure Rules 2005 r 31.23 Cases Cited: Bankstown City Council v Mohamad El Dana [2009] NSWLEC 68 Boland v Yates Property Corporation Pty Ltd [1999] HCA 64, 167 ALR 575 Caruana v Port Macquarie-Hastings Council [2007] NSWLEC 109 Dillon v Gosford City Council [2011] NSWCA 328 Maidment v Roads and Traffic Authority of NSW [2006] NSWLEC 606, 153 LGERA 249 Maloney v Cowra Shire Council [2000] NSWLEC 33 MMAL Rentals Pty Ltd v Bruning [2004] NSWCA 451, 63 NSWLR 167 Mohamad El Dana v Bankstown City Council [2008] NSWLEC 1484 Sandhurst Trustees Ltd v Roads and Traffic Authority of NSW [2006] NSWLEC 243 State Bank of New South Wales v Blacktown City Council [1994] NSWLEC 158 Taylor v Port Macquarie-Hastings Council [2010] NSWLEC 113 Category: Principal judgment Parties: Al Amanah College Incorporated (Applicant) Minister for Education and Training (Respondent) Representation: COUNSEL: Mr T Robertson SC and Mr C Ireland (Applicant) Mr T Hale SC with Mr M Hall (Respondent) SOLICITORS: HWL Ebsworth (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 30838 of 2010