Qasabian Family Investments Pty Ltd v Roads and Maritime Services; Fishing Station Pty Ltd v Roads and Maritime Services [2017] NSWLEC 73

Land and Environment Court New South Wales

Medium Neutral Citation: Qasabian Family Investments Pty Ltd v Roads and Maritime Services; Fishing Station Pty Ltd v Roads and Maritime Services [2017] NSWLEC 73 Hearing dates: 6, 7, 8 and 9 March 2017 Date of orders: 21 June 2017 Decision date: 21 June 2017 Jurisdiction: Class 3 Before: Moore J Decision: Conclusion at [178] to [187] and directions at [188] Catchwords: Qasabian Family Investments Pty Ltd - 2016/151503 COMPULSORY ACQUISITION – valuers reported a range within which the value of the acquired interest could fall – agreement between valuers on an identified outcome within a range – is Caruso presumption in favour of dispossessed owner engaged – whether highest point in range should be adopted despite agreement by valuers – no basis to disturb agreement between valuers COMPULSORY ACQUISITION – claim for stamp duty for future acquisition of replacement investment property – passive investment – claim rejected

Fishing Station Pty Ltd - 2016/158775 COMPULSORY ACQUISITION – claim for compensation for acquisition of interest in land – the interest in the land was an uneconomic sublease at below market rent – term of lease (including options to renew) until 2041 – restriction in sublease limiting use of premises – whether land valuation should be replaced by business valuation to reflect impact of restriction – business valuation appropriate to be used – compensation determined on business valuation basis COMPULSORY ACQUISITION – claim for future costs of relocation of business – whether business is to relocate in the future or has the business actually relocated – business has actually relocated – claim for future costs rejected COMPULSORY ACQUISITION – costs for actual relocation – basis for costs set out and basis for compensation determined 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 – claim allowed Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Cases Cited: Attard v Transport for NSW (2014) 205 LGERA 396; [2014] NSWLEC 44 Blacktown Council v Fitzpatrick Investments [2001] NSWCA 259 Browne v Dunn (1893) 6 R 67 George D Angus Pty Limited v Health Administration Corporation (2013) 205 LGERA 357; [2013] NSWLEC 212 Hatzivasiliou v Roads and Maritime Services [2017] NSWLEC 9 Roads & Traffic Authority of New South Wales v Peak [2007] NSWCA 66 Roads & Traffic Authority of NSW v McDonald (2010) 175 LGERA 276; [2010] NSWCA 236 Rocco Fraietta v Roads and Maritime Services [2017] NSWLEC 11 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 Category: Principal judgment Parties: Qasabian Family Investments Pty Ltd (Applicant - 2016/151503) Fishing Station Pty Ltd (Applicant - 2016/158775) Roads and Maritime Services (Respondent in both matters) Representation: Counsel: Mr I Hemmings SC/Mr T To, barrister (Applicants in both matters) Ms S Duggan SC/Mr M Astill, barrister (Respondent in both matters)