Roads and Maritime Services v Allandale Blue Metal Pty Ltd [2016] NSWCA 7

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Roads and Maritime Services v Allandale Blue Metal Pty Ltd [2016] NSWCA 7 Hearing dates: 30 September and 1 October 2015 Decision date: 09 February 2016 Before: Basten JA at [1]; Ward JA at [75]; Sackville AJA at [76] Decision: (1) Allow the appeal in part and set aside order (1) made by Pain J on 24 March 2015.

(2) In place thereof, determine that the compensation payable by Roads and Maritime Services to Allandale Blue Metal Pty Ltd pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 be the sum of $3,115,171.

(3) Order that the appellant pay 80% of the respondent's costs of the proceedings in this Court. Catchwords: APPEAL – grounds – question of law – factual finding not challengeable where some evidence available and finding reasonably open – Land and Environment Court Act 1979 (NSW), s 58

ENVIRONMENT AND PLANNING – acquisition of land – compensation – whether compensation payable to owner of acquired land should be reduced on account of payment to lessee – whether owner's interest in fee simple qualified by expectation that the lessee would have continued to exploit the quarry on the land – whether lessee's compensable interest exceeds the market value of its monthly tenancy

ENVIRONMENT AND PLANNING – acquisition of land – valuing residual land – whether loss of value caused by carrying out purpose of acquisition – when calculation to be undertaken

STATUTORY INTERPRETATION – statutory provision for compensation on just terms – whether expression of elements of compensation varies effect of general law principles