Sydney Water Corporation v Marrickville Council [2014] NSWCA 438

Sydney Water Corporation v Marrickville Council [2014] NSWCA 438

Neither the appeal nor the cross-appeal raised a question of law, but rather contested the factual and methodological approach to valuation and compensation; no error of law was disclosed, and the trial judge's transparent and rational methodology was permissible within the statutory framework.

Jurisdiction
Australia
Judgment Date
19 December 2014
Procedural Posture
Appeal and Cross Appeal / Court of Appeal Decision
Outcome
Appeal dismissed; cross-appeal dismissed; no order as to costs, each party to bear its own costs.
Legal Topics
['easement Acquisition' 'determination of Compensation' 'comparable Sales Methodology' 'adjustment to Sales Valuation' 'error of Law in Compensation Calculations']
['resumption and Acquisition of Property' 'compensation'] ['easement Acquisition' 'determination of Compensation' 'comparable Sales Methodology' 'adjustment to Sales Valuation' 'error of Law in Compensation Calculations']

Case Brief

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Procedural Posture

Appeal and Cross Appeal / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether there was an error of law in determining comparable sales' 'Whether there was an error of law in making adjustments to comparable sales' 'Appropriate valuation methodology for land subject to easements' 'Whether the application of valuation principles disclosed an error of law']

Ratio Decidendi

Neither the appeal nor the cross-appeal raised a question of law, but rather contested the factual and methodological approach to valuation and compensation; no error of law was disclosed, and the trial judge's transparent and rational methodology was permissible within the statutory framework.

Court Disposition

Appeal dismissed; cross-appeal dismissed; no order as to costs, each party to bear its own costs.

Orders

  • ['Appeal dismissed.' 'Cross-appeal dismissed.' 'No order as to costs, each party to bear its own costs of appeal and cross-appeal.']