Azizi v Roads and Maritime Services [2016] NSWLEC 97

Land and Environment Court New South Wales

Medium Neutral Citation: Azizi v Roads and Maritime Services [2016] NSWLEC 97 Hearing dates: 27 July 2016 Date of orders: 03 August 2016 Decision date: 03 August 2016 Jurisdiction: Class 3 Before: Pain J Decision: The separate question is answered "yes"

The land referred to in the Schedule, being Lots 46 and 79 of Deposited Plan 1208231, parts of the land in certificate of title 44/26802, known as 37 Grace Avenue Beecroft, was compulsorily acquired from the Applicants by Roads and Maritime Services for the purposes of constructing a tunnel within the meaning of s 62(2) of the Land Acquisition (Just Terms Compensation) Act 1991

Orders: (1) Costs are reserved (2) Exhibits are returned. Catchwords: QUESTION OF LAW – compulsory acquisition of substratum land for road tunnel – whether compensation payable – statutory construction of s 62(2) of the Land Acquisition (Just Terms Compensation) Act 1991 Legislation Cited: Commonwealth Constitution, s 51 Constitution Act 1902 Environmental Planning and Assessment Act 1979, ss 4, 115ZB Interpretation Act 1987, ss 33, 34 Land Acquisition (Just Terms Compensation) Act 1991, ss 3, 4, 54, 61, 62 Land Acquisition (Just Terms Compensation) Bill 1991 Cases Cited: Bropho v Western Australia [1990] HCA 24; (1990) 171 CLR 1 Gosper v Hornsby Shire Council (1993) 80 LGERA 138 Pennant Hills Golf Club Ltd v Roads and Traffic Authority (NSW) [1999] NSWCA 110; (1999) 9 BPR 17,001 Category: Procedural and other rulings Parties: Patrick Azizi (First Applicant) Bernadette Azizi (Second Applicant) Roads and Maritime Services (Respondent) Representation: COUNSEL: T Hale SC with D Robertson (Applicants) R Lancaster SC with N Eastman (Respondent)