Bligh v Minister Administering Environmental Planning and Assessment Act [2011] NSWLEC 220

Land and Environment Court New South Wales

Medium Neutral Citation: Bligh v Minister Administering Environmental Planning and Assessment Act [2011] NSWLEC 220 Hearing dates: 31 October - 8 November 2011, 10 -11 November 2011 Decision date: 25 November 2011 Jurisdiction: Class 3 Before: Biscoe J Decision: Compensation for disturbance loss under s 59(f) Land Acquisition (Just Terms Compensation Act) 1991 for value of business on retained land assumed to be extinguished by compulsory acquisition assessed at $1,350,000. Catchwords: COMPULSORY ACQUISITION:- compensation for disturbance loss under s 59(f) Land Acquisition (Just Terms Compensation) Act 1991 - assuming compulsory acquisition extinguishes business whether value of business compensable as disturbance loss under s 59(f) is current value to owner or market value at acquisition date - valuation method capitalisation of future maintainable earnings - determination of future maintainable earnings, capitalisation rate and years multiple. Legislation Cited: Clean Waters Act 1970 Land Acquisition (Just Terms compensation) Act 1991, ss, 55, 56, 59, 66, Cases Cited: Commissioner of Highways v Shipp Bros Pty Ltd (1978) 19 SASR 215 Commonwealth v Reeve (1949) 78 CLR 410 Director of Buildings and Lands v Shun Fung Ironworks Ltd [1995] 2 AC 111 Eastaway v Commonwealth (1951) 84 CLR 328 Hua v Hurstville City Council [2010] NSWLEC 61 Leichhardt Council v Roads and Traffic Authority (NSW) [2006] NSWCA 353, 149 LGERA 439. Texts Cited: ALRC Report No 14, Lands Acquisition and Compensation, (1980) Lonergan, The Valuation of Businesses, Shares and Other Equity (4th ed) Rost and Collins, Land Valuation and Compensation in Australia, (3rd ed 1984) Category: Principal judgment Parties: 31061-63/10 Richard Bligh (Applicant) Minister administering the Environmental Planning and Assessment Act (Respondent)