Parfett v Roads and Maritime Services [2014] NSWLEC 1182

Land and Environment Court New South Wales

Medium Neutral Citation: Parfett v Roads and Maritime Services [2014] NSWLEC 1182 Hearing dates: 11 and 12 February and 19 June 2014 Decision date: 05 September 2014 Jurisdiction: Class 3 Before: Miller AC Decision: See para 73 Catchwords: Acquisition of highly productive rural land under the Land Acquisition (Just Terms Compensation) Act 1991, highest and best use of land, special value, s 57, claim for anticipated capital growth in land value not allowed Legislation Cited: Roads Act 1993 Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979 Blayney Local Environmental Plan 2012 Cases Cited: Beckers v Roads and Traffic Authority of NSW [2006] NSWLEC 717 at [45] Boland v Yates Property Corp Pty Ltd [1999] 74 ALJR 209 at [269] Commissioner of Succession Duties (South Australia) and Executor Trustee and Agency Company of South Australia Limited and others [1947] 74 CLR 358 at 373 George D Angus Pty Ltd v Health Administration Corporation [2013] NSWLEC 212 Mir Bros Unit Constructions Pty Ltd v RTA [2006] NSWCA 314 Morris v Danoz Directions Pty Ltd (in Liq) (No 2) [2010] FCA 836 at [13] Peter Croke Holdings Pty Ltd and Anors v Roads and Traffic Authority of NSW [1998] 101 at LGERA at [38] Yates Property Group Pty Ltd (in Liq) v Darling Harbour Authority [1991] NSWLR 156 at 186 Texts Cited: The Principles and Practice of Valuation Dr J F N Murray (P 62, 3rd edition 1954) Category: Principal judgment Parties: David Charles Parfett (Applicant)