Hornsby Shire Council v Valuer General of New South Wales & Ors [2013] NSWSC 1183

Supreme Court New South Wales

Medium Neutral Citation: Hornsby Shire Council v Valuer General of New South Wales & Ors [2013] NSWSC 1183 Hearing dates: 26 and 27 August 2013 Decision date: 27 August 2013 Jurisdiction: Common Law Before: Beech-Jones J. Decision: Application for view refused. Catchwords: EVIDENCE - whether appropriate for trial judge to view property the subject of compensation determination - scope of view - purposes of view - Evidence Act 1995, ss 53 and 54. Legislation Cited: - Evidence Act 1995 - Land Acquisition (Just Terms Compensation) Act 1991 - Trade Practices Act 1974 (Cth) Category: Interlocutory applications Parties: Hornsby Shire Council (Plaintiff) The Valuer General of New South Wales (First Defendant) The State of New South Wales (Second Defendant) Brian Rushton Nicholson (Third Defendant) Alcorn Corbin Nicholson Pty Ltd (Fourth Defendant) CSR Limited (Fifth Defendant) Peter Charles Cunningham (Sixth Defendant) Representation: Counsel: T.F. Robertson SC, J.E. Lazarus, D.A. Hughes (Plaintiff) P. Menzies QC, Ms B. Nolan, Ms S.L. Ross (1st, 2nd and 6th Defendants) M.A. Jones SC, Ms C.O. Gleeson (3rd and 4th Defendants) A.J.L. Bannon SC, R.C. Beasley SC, C.D. Wood (5th Defendant) Solicitors: Storey & Gough (Plaintiff) I.V. Knight, Crown Solicitor's Office (NSW) (1st, 2nd and 6th Defendants) Norton Rose Fulbright Australia (3rd and 4th Defendants) Minter Ellison (5th Defendant) File Number(s): 2009/297428