Canal Aviv Pty Ltd v Roads and Maritime Services [2018] NSWLEC 52

Land and Environment Court New South Wales

Medium Neutral Citation: Canal Aviv Pty Ltd v Roads and Maritime Services [2018] NSWLEC 52 Hearing dates: 27 and 28 February and 1, 2 and 5 March 2018 Date of orders: 24 May 2018 Decision date: 24 May 2018 Jurisdiction: Class 3 Before: Moore J Decision: See directions at [284] Catchwords: COMPULSORY ACQUISITION - portion of landholding acquired for WestConnex project - agreement on value of acquired land - no agreement on impact on value of residue land - consideration of impacts on residue land - overall negative impact on residue land - extent of impact on value determined - compensation to be ordered MODEL LITIGANT POLICY - applicant complains respondent has not acted in accordance with its obligations imposed by the State's Model Litigant Policy - not a matter for the Court - alternative avenues for complaint lie in the hands of the applicant COMPULSORY ACQUISITION - claim for stamp duty for replacement property - Fitzpatrick basis for considered and rejected - consideration of decision in SNS - SNS provides no alternative basis for claim - stamp duty claim rejected COMPULSORY ACQUISITION - claim for reimbursement for land tax - claim made as either part of market value or as a disturbance claim pursuant to s 59(1)(f) of the Land Acquisition (Just Terms Compensation) Act 1991 - neither statutory provision provides support for the claim - claim rejected Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Land Tax Act 1956 Land Tax Management Act 1956, s 10AA Cases Cited: Blacktown Council v Fitzpatrick Investments [2001] NSWCA 259 Carlewie Pty Ltd v Roads and Maritime Services [2017] NSWLEC 78 Dial A Dump Industries Pty Ltd v Roads and Maritime Services [2017] NSWCA 73 Dial A Dump Industries Pty Ltd v Roads and Maritime Services [2016] NSWLEC 39 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 Housing Commissioner of New South Wales v Falconer and Others [1981] 1 NSWLR 547 Konduru t/as Warringah Road Family Medical Centre v Roads and Maritime Services [2017] NSWLEC 36 Leichhardt Council v Roads & Traffic Authority of NSW (2006) 149 LGERA 439; [2006] NSWCA 353 SNS Pty Ltd v Roads and Maritime Services [2018] NSWLEC 7 Speter v Roads and Maritime Services [2016] NSWLEC 128 Sydney Water Corporation v Caruso [2009] NSWCA 391 The Melbourne Steamship Company v Moorehead 15 CLR 333 Toveno Pty Limited v Roads and Maritime Services [2014] NSWLEC 1266 Category: Principal judgment Parties: Canal Aviv Pty Ltd (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: Mr J Lazarus and Mr L Waterson, barristers (Applicant) Mr P Tomasetti SC/Ms F Berglund, barrister (Respondent)