Bonomo v Transport for New South Wales [2014] NSWLEC 25

Land and Environment Court New South Wales

Medium Neutral Citation: Bonomo v Transport for New South Wales [2014] NSWLEC 25 Hearing dates: 18,19,20,21,22 November 2013 Decision date: 25 March 2014 Jurisdiction: Class 3 Before: Sheahan J and Brown C Decision: (1) The compensation payable to the Applicants' land the subject of the present appeal is determined at $3,694,304.22. (2) All exhibits may be returned. (3) The question of costs is reserved. Catchwords: COMPULSORY ACQUISITION: zoning of land, absent the public purpose - market value of land - compensation payable Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Transport Administration Act 1988 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Sydney Regional Growth Centres) 2006 Cases Cited: Kenny & Good Pty Ltd v MGICA (1992) Ltd [1999] HCA 25; (1999) 199 CLR 413 Spencer v Commonwealth (1907) 5 CLR 418 Category: Principal judgment Parties: Beveline Dawn Bonomo (Applicant) Transport for New South Wales (Respondent) Representation: Mr J Hatzistergos, barrister (Applicant) Mr I Hemmings SC (Respondent) Michael Charles Vassili (Applicant) Hunt & Hunt (Respondent) File Number(s): 30070 of 2013

Judgment

Introduction 1On 21 September 2012, the Respondent compulsorily acquired Lot 16 in DP 27220, and known as 81 Schofields Road, Rouse Hill ('the Land'), for a public purpose under the Land Acquisition (Just Terms Compensation) Act 1991 ('the Act'). The Applicant was the registered proprietor of the land at the time of the compulsory acquisition. 2Pursuant to s 42 of the Act, the Respondent served a notice on the Applicant, advising of her entitlement to compensation, and of the amount of compensation determined by the Valuer General pursuant to s 47 of the Act. 3The Applicant objects to the amount of compensation offered by the Respondent, and brings these proceedings pursuant to s 66 of the Act. 4I have been greatly assisted by Commissioner Brown in my consideration of the matter, and we have determined total compensation of $3,694,304,22.