G Capital Corporation Pty Ltd v Roads and Maritime Services [2019] NSWCA 234

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: G Capital Corporation Pty Ltd v Roads and Maritime Services [2019] NSWCA 234 Hearing dates: 15 August 2019 Decision date: 24 September 2019 Before: Meagher JA at [1]; Gleeson JA at [32]; McCallum JA at [33] Decision: 1. Grant leave to the applicants to appeal from the order made on 14 February 2019 answering Question 1 in the negative. 2. Refuse leave to the applicants to appeal from the order made on 14 February 2019 answering Question 2 in the negative. 3. Applicants file within 7 days a notice of appeal in the form of the draft in the White Book, confined to proposed ground 1. 4. Appeal dismissed. 5. Applicants/appellants pay the respondent's costs of the applications for leave to appeal and appeals. Catchwords: LAND LAW – compulsory acquisition of land – compensation – where applicants entered into contracts for sale of relevant land – where land compulsorily acquired before settlement of those contracts – where applicants objected to amount of compensation for market value – where applicants' primary compensation claim for unpaid purchase price as loss attributable to disturbance under Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s 59(1)(f) – where questions directed to whether applicants entitled to any compensation for that loss determined separately – whether there was "actual use of land" by applicants Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 (NSW), Pt 3, ss 54, 55, 59 Land and Environment Court Act 1979 (NSW), s 57 Cases Cited: Almona Pty Ltd v Roads and Traffic Authority of New South Wales [2008] NSWLEC 112; (2008) 160 LGERA 375 Blacktown Council v Fitzpatrick Investments [2001] NSWCA 259 Brock v Roads and Maritime Services (formerly Roads and Traffic Authority of NSW) [2012] NSWCA 404; (2012) 191 LGERA 267 Council of the City of Newcastle v Royal Newcastle Hospital (1956-1957) 96 CLR 493; [1957] HCA 15 Council of the City of Newcastle v Royal Newcastle Hospital (1958-1959) 100 CLR 1 El Boustani v Minister administering the Environmental Planning and Assessment Act 1979 [2014] NSWCA 33; (2014) 199 LGERA 198 Fletcher v Manton (1940) 64 CLR 37; [1940] HCA 32 Gertos Holdings Pty Limited v Roads and Maritime Services; G Capital Corporation Pty Ltd v Roads and Maritime Services; Marsden Developments v Roads and Maritime Services [2018] NSWLEC 166 Hazcorp Pty Limited v The Roads and Traffic Authority of New South Wales [2006] NSWLEC 661 Health Administration Corporation v George D Angus Pty Ltd (2014) 88 NSWLR 752; [2014] NSWCA 352 Lysaght v Edwards (1876) 2 Ch D 499 Mir Bros Unit Constructions Pty Ltd v Roads & Traffic Authority of New South Wales [2006] NSWCA 314 Roads and Maritime Services v Allandale Blue Metal Pty Ltd [2016] NSWCA 7; (2016) 212 LGERA 307 Roads and Maritime Services v United Petroleum Pty Ltd [2019] NSWCA 41; (2019) 236 LGERA 389 Roads and Traffic Authority of New South Wales v McDonald (2010) 79 NSWLR 155; [2010] NSWCA 236 Roads & Traffic Authority of New South Wales v Peak [2007] NSWCA 66 Category: Principal judgment Parties: G Capital Corporation Pty Ltd (First Applicant) Gertos Holdings Pty Ltd (Second Applicant) Marsden Developments Pty Ltd (Third Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: P Tomasetti SC / J Johnson (Applicants) R Lancaster SC / M Astill (Respondent)