Konduru T/as Warringah Road Family Medical Centre v Roads and Maritime Services; Konduru v Roads and Maritime Services; Konduru v Roads and Maritime Services [2017] NSWLEC 36

Land and Environment Court New South Wales

Medium Neutral Citation: Konduru T/as Warringah Road Family Medical Centre v Roads and Maritime Services; Konduru v Roads and Maritime Services; Konduru v Roads and Maritime Services [2017] NSWLEC 36 Hearing dates: 1, 2, 6 and 7 February 2017 Decision date: 29 March 2017 Jurisdiction: Class 3 Before: Moore J Decision: Conclusions at [188] to [191], directions at [192] Catchwords: COMPULSORY ACQUISITION – valuation of market value using capitalisation of rents – determination of appropriate rental rates per square metre per annum – capitalisation rate agreed by valuers – rents determined – market value thus able to be derived COMPULSORY ACQUISITION – costs of relocation of medical practice – additions and alterations to house to adapt for medical practice – costs allowed COMPULSORY ACQUISITION – claim for stamp duty for future acquisition of replacement investment property – passive investment – claim rejected COMPULSORY ACQUISITION – claim for difference between statutory interest rate and actual bank interest rate – consideration of terms of statutory provisions – clear intention that statutory interest rate is not be applied and not to be considered as the minimum rate subject to upward adjustment – claim rejected COMPULSORY ACQUISITION – claim for reimbursement of rent paid to acquiring authority during holding over period – relevant statutory provisions – comity with other decision makers on this point despite reservations – claim allowed Legislation Cited: Interpretation Act 1987, s 34 Land Acquisition (Just Terms Compensation) Act 1991, ss 48 - 50, 55, 56, 59 and 61 Cases Cited: Attard & Ors v Transport for NSW (2014) 205 LGERA 396; [2014] NSWLEC 44 Blacktown Council v Fitzpatrick Investments [2001] NSWCA 259 Hatzivasiliou v Roads and Maritime Services [2017] NSWLEC 9 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Leppington Pastoral Company Pty Ltd v Commonwealth of Australia (1997) 76 FCR 318; (1997) 94 LGERA 68; [1997] FCA 299 Matcam Pty Ltd v Kogarah Municipal Council (1999) 105 LGERA 266; [1999] NSWLEC 181 Roads & Traffic Authority of NSW v McDonald (2010) 175 LGERA 276; [2010] NSWCA 236 Service Welding Ltd v Tyne and Wear County Council (1979) 38 P&CR 352 Speter v Roads and Maritime Services [2016] NSWLEC 12 Sydney Water Corporation v Caruso [2009] NSWCA 391 Taylor v Roads and Maritime Services [2016] NSWLEC 138 Taylor v The Owners—Strata Plan 11564 (2014) 253 CLR 531; [2014] HCA 9 Tolson v Roads and Maritime Services (2014) 201 LGERA 367; [2014] NSWCA 161 Category: Principal judgment Parties: Lavanya Kumari Konduru T/as Warringah Road Family Medical Centre (Applicant in Matter No155208 of 2016) Lavanya Kumari Konduru and Madhu Konduru (Applicants in Matters No 155211 and 155213 of 2016) Roads and Maritime Services (Respondent in all matters) Representation: Counsel: Mr I Hemmings SC/Dr S Berveling, barrister (Applicants in all matters) Mr N Eastman, barrister (Respondent in all matters)