Marroun v Roads and Maritime Services [2013] NSWCA 358

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Marroun v Roads and Maritime Services [2013] NSWCA 358 Hearing dates: 20 September 2013 Decision date: 30 October 2013 Before: Basten JA at [1]; Gleeson JA at [5]; Tobias AJA at [6]. Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - appeal on a question of law - 'no evidence' ground - party bearing burden of proof cannot demonstrate error of law by asserting 'no evidence' justifying failure of judge to accept claim

LAND VALUATION - compulsory acquisition - determination of market value - whether primary judge erred in failing to take into account non-binding offer to purchase acquired land - whether premium should have been applied to market value due to existing development consent Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991, ss 54, 55, 56, 57, 59 Land and Environment Court Act 1979, s 57(1) Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Caruana v Port Macquarie-Hastings Council [2007] NSWLEC 109 Goold & Rootsey v Commonwealth of Australia (1993) 42 FCR 51 Leichhardt Council v Roads & Traffic Authority of NSW [2006] NSWCA 353; (2006) 149 LGERA 439 Maurici v Chief Commissioner of State Revenue [2003] HCA 8; 212 CLR 111 Mir Bros Unit Constructions Pty Ltd v Roads & Traffic Authority (NSW) [2006] NSWCA 314 Phillipou v Housing Commission of Victoria (1969) 18 LGRA 254 Warner v Ulysius International Trading Pty Ltd [2011] NSWSC 329; (2011) 91 IPR 570 Category: Principal judgment Parties: Michael Marroun (First Appellant) Kaokab Marroun (Second Appellant) Roads and Maritime Services (Respondent) Representation: Counsel: P Clay SC and V McWilliam (Appellants) R Lancaster SC and N Eastman (Respondent) Solicitors: John B Hajje & Associates (First and Second Appellants) Henry Davis York (Respondent) File Number(s): 2012/301534 Decision under appeal Citation: Marroun v Roads and Maritime Services [2012] NSWLEC 199 Date of Decision: 2012-08-30 00:00:00 Before: Sheahan J & Parker AC File Number(s): 30983 of 2010