Mac's Pty Limited v Parramatta City Council [2012] NSWLEC 1356

Land and Environment Court New South Wales

Medium Neutral Citation: Mac's Pty Limited v Parramatta City Council [2012] NSWLEC 1356 Hearing dates: 3 to 6 December 2012 Decision date: 21 December 2012 Jurisdiction: Class 3 Before: Moore SC and Cowell AC Decision: The market value of the property as at the date of acquisition for the purposes of s 56(1) of the Land Acquisition (Just Terms Compensation) is $6,060,000 (rounded up). Catchwords: Market value; highest and best use; adjoining owner's premium; "anxious purchaser" [as used in s 56(1) of the Land Acquisition (Just Terms Compensation) Act 1991 Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Cases Cited: Spencer v Commonwealth [1907] HCA 82; (1907) 5 CLR 418 Category: Principal judgment Parties: Mac's Pty Limited (applicant) Parramatta City Council (respondent) Representation: Mr I Hemmings Mr M Seymour (applicant) Mr N Hutley SC Mr C Ireland (respondent) Ms M Peatman Hunt & Hunt (applicant) Ms J Radford Maddocks Lawyers (respondent) File Number(s): 30765 of 2011

Judgment

Introduction 1In mid-2002, Parramatta City Council (the council) prepared a plan for what became known as the Civic Place Project. The Civic Place Project reflected the council's vision for a joint public/private redevelopment of the precinct to the east of Church Street and adjacent to Darcy Street and Parramatta station. 2In October 2002, the original version of the council's Civic Place proposal was placed on public exhibition with the final version, one incorporating minor changes from that originally proposed, being adopted and coming into effect from mid-2003. 3For the council to give effect to this long-term redevelopment vision, a variety of properties needed to be acquired by the council with many of them acquired by private negotiation. The present proceedings concern the compensation to be paid for a property, 160 Church Street, not able to be acquired by private negotiation but which was acquired by compulsory acquisition. 4Although an earlier attempt at compulsory acquisition of 160 Church Street was held by the High Court to be invalid, the relevant acquisition enabling legislation, the Land Acquisition (Just Terms Compensation) Act 1989 (the Act), was subsequently amended to permit a compulsory acquisition in the circumstances envisaged by the council. As a consequence, on 8 July 2011, the council compulsorily acquired 160 Church Street (the property).