Marrickville Council v Sydney Water Corporation [2013] NSWLEC 222

Land and Environment Court New South Wales

Medium Neutral Citation: Marrickville Council v Sydney Water Corporation [2013] NSWLEC 222 Hearing dates: 9,10,11,12,13,16 December 2013 Decision date: 24 December 2013 Jurisdiction: Class 3 Before: Biscoe J Decision: (1) Determination that the compensation payable to the applicant by the respondent for the compulsory acquisition on 11 November 2011 of easements over lands owned by the applicant is $1,634,000. (2) The respondent is to pay the applicant's costs. (3) The exhibits may be returned. Catchwords: COMPULSORY ACQUISITION - compensation for compulsory acquisition of easements over land for purposes of the Sydney Water Act 1994 - easements utilised for pipelines to carry water from desalination plant at Kurnell - adjustments to comparable sales. Legislation Cited: Airports Act 1996 (Cth) s 179 Crown Lands Act 1989 s 106A Land Acquisition (Just Terms Compensation) Act 1991 s 55, s 56(1)(a), s 66 Sydney Water Act 1994 Marrickville Local Environment Plan 2001 Cases Cited: City of Brighton v Road Construction Authority [1986] VR 255, (1985) 59 LGRA 262 Leichhardt Council v Roads and Traffic Authority of New South Wales [2005] NSWLEC 86 Leichhardt Council v Roads and Traffic Authority of New South Wales (No 3) [2009] NSWLEC 3 Penrith City Council v Sydney Water Corporation [2009] NSWLEC 2 Tempe Recreational (D.500215 & D.1000502) Reserve Trust v Sydney Water Corporation [2013] NSWLEC 221 Category: Principal judgment Parties: Marrickville Council (Applicant) Sydney Water Corporation (Respondent) Representation: COUNSEL: A Galasso SC and M Seymour (Applicant) R P L Lancaster SC and N Zerial (Respondent) SOLICITORS: Marrickville Council (Applicant) King & Wood Mallesons (Respondent) File Number(s): 30916/12