Tolson v Roads and Maritime Services [2014] NSWCA 161

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tolson v Roads and Maritime Services [2014] NSWCA 161 Hearing dates: 22 October 2013 Decision date: 23 May 2014 Before: Beazley P at [1]; Basten JA at [14]; Preston CJ of LEC at [99] Decision: (1) Dismiss the appeal. (2) Order the first appellants to pay the respondent's costs of the appeal. (3) Dismiss the cross-appeal. (4) Order the respondent to pay the appellants' costs of the cross-appeal. [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 - error of law - challenge to fact-finding exercise - whether there was a failure to exercise jurisdiction - alleged failure by trial judge to provide reasons for preferring evidence - misconception of facts by the trial judge - failure to identify the points of difference between evidence - Land and Environment Court Act 1979 (NSW), s 57.

ENVIRONMENT AND PLANNING - acquisition of land - compensation - increase in value of remaining land after acquisition - compensation awarded only for disturbance caused by acquisition - role of improved value of retained land in determining compensation - whether improved value of the retained land should not be considered when assessing market value of the land - whether claim for disturbance should be off-set against improved value - Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 54, 55.