Speter v Roads and Maritime Services [2016] NSWLEC 128

Land and Environment Court New South Wales

Medium Neutral Citation: Speter v Roads and Maritime Services [2016] NSWLEC 128 Hearing dates: 5, 6 and 7 September 2016 Date of orders: 30 September 2016 Decision date: 30 September 2016 Jurisdiction: Class 3 Before: Robson J Decision: 1. The amount of compensation payable to the applicants for the acquisition of the land comprising Lot 5 in Deposited Plan 777484, known as 467 Warringah Road, Frenchs Forest, is $1,761,250.

2. The respondent is to pay the applicants' costs as agreed or assessed.

3. The exhibits are returned. Catchwords: COMPULSORY ACQUISITION – investment property – compensation payable – market value of land – use of common sale – appropriate adjustments

COMPULSORY ACQUISITION – investment property – compensation payable – disturbance – correct interpretation of "relocation" and "actual use" Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Roads Act 1993 (NSW) Warringah Local Environmental Plan 1985 (NSW) Warringah Local Environmental Plan 2011 (NSW) Cases Cited: Al Amanah College Inc v Minister for Education and Training (No 2) [2011] NSWLEC 254 Bezzina Developers Pty Ltd v Leichhardt Municipal Council (2006) 146 LGERA 249; [2006] NSWLEC 175 Blacktown Council v Fitzpatrick Investments [2001] NSWCA 259 Cannavo v Roads and Traffic Authority of New South Wales [2004] NSWLEC 570 G. Suonaf Holdings Pty Ltd v Roads and Maritime Services [2016] NSWLEC 116 Kirela Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 (No 2) (2004) 132 LGERA 90; [2004] NSWLEC 68 McBaron v Roads and Traffic Authority (1995) 87 LGERA 239 McDonald v Roads and Traffic Authority (2009) 169 LGERA 352; [2009] NSWLEC 105 Category: Principal judgment Parties: Harold Speter (First Applicant) Deirdre Speter (Second Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: S Nash (First and Second Applicants) M J Astill (Respondent)