NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: El Boustani v Minister Administering the Environmental Planning and Assessment Act 1979 [2012] NSWLEC 266 Hearing dates: 21, 22, 23 and 24 November and 5 December 2011 Decision date: 06 December 2012 Jurisdiction: Class 3 Before: Pepper J Decision: Respondent to pay the applicants $1,436,059 in compensation. See orders at [161]. Catchwords: COMPULSORY ACQUISITION: market value of the acquired land - necessity of valuation experts to properly articulate reasoning process with transparency - injurious affectation - whether relocation costs payable - effect of s 61 of the Land Acquisition (Just Terms Compensation) Act 1991 - whether lost profits compensable. Legislation Cited: Civil Procedure Act 2005 s 98(1)
Environmental Planning and Assessment Act 1979 ss 106, 107(1), 109
Land and Environment Court Act 1979 s 34
Land Acquisition (Just Terms Compensation) Act 1991 ss 3, 54, 55, 56, 59, 61
Land and Environment Court Rules 2007 r 3.7(2)
Uniform Civil Procedure Rules 2005 rr 1.5, 42.1, Sch 1
State Environmental Planning Policy (Infrastructure) 2007
State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Cases Cited: Al Amanah College Inc v Minister for Education and Training (No 4) [2012] NSWLEC 26
Dillon v Gosford City Council [2011] NSWCA 328; (2011) 184 LGERA 179
Director of Buildings and Lands v Shun Fung Ironworks Ltd [1995] 2 AC 111
Fitzpatrick Investments Pty Limited v Blacktown City Council (No 2) [2000] NSWLEC 139; (2000) 108 LGERA 417
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