Hatzivasiliou v Roads and Maritime Services [2017] NSWLEC 9

Land and Environment Court New South Wales

Medium Neutral Citation: Hatzivasiliou v Roads and Maritime Services [2017] NSWLEC 9 Hearing dates: 29 November – 2 December 2016 Date of orders: 31 March 2017 Decision date: 28 February 2017 Jurisdiction: Class 3 Before: Pain J Decision: See par 145 Catchwords: COMPULSORY ACQUISITION – compensation payable for total acquisition of car tyre retail outlet –capitalisation of market rent method applied – valuation of option to renew lease of acquired land informed by lease terms – direct comparable sales method applied as check method – disturbance claim based on being "active" investor refused Legislation Cited: Ashfield Local Environmental Plan 2013 Canada Bay Local Environmental Plan 2013 Land Acquisition (Just Terms Compensation) Act 1991 Pt 3 Div 4, ss 3, 66 Land and Environment Court Act 1979 s 19(e) Roads Act 1993 Cases Cited: Brewarrana Pty Ltd v Commissioner of Highways (1973) 32 LGERA 170 Commissioner of Succession Duties (South Australia) v Executor Trustee and Agency Company of South Australia Ltd (1947) 74 CLR 358; [1947] HCA 10 Roads & Traffic Authority of New South Wales v Peak [2007] NSWCA 66 Speter v Roads and Maritime Services [2016] NSWLEC 128 Sydney Water Corporation v Caruso (2009) 170 LGERA 298; [2009] NSWCA 391 Yates Property Corporation Pty Ltd (in liq) v Darling Harbour Authority (1991) 24 NSWLR 156 Category: Principal judgment Parties: Bill Hatzivasiliou (First Applicant) Tina Hatzivasiliou (Second Applicant) Roads and Maritime Services (Respondent) Representation: COUNSEL: S Nash (Applicants) M Astill (Respondent)