AMP Capital Investors Limited v Transport Infrastructure Development Corporation [2008] NSWCA 325

AMP Capital Investors Limited v Transport Infrastructure Development Corporation [2008] NSWCA 325

There was probative evidence capable of supporting the primary judge's findings on betterment and controlled parking. The Court affirmed that the method of valuation was open to the trial judge and that s 54 did not require a compensation minimum if betterment exceeds other heads; the appeal and cross-appeal were dismissed with costs.

Jurisdiction
Australia
Judgment Date
27 November 2008
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal dismissed with costs; cross-appeal dismissed with costs.
Legal Topics
['valuation of Land' 'market Value' 'betterment' 'disturbance' 'compensation' 'public Purpose' 'procedure' 'appeal on Question of Law' 'costs']
['real Property' 'compulsory Acquisition'] ['valuation of Land' 'market Value' 'betterment' 'disturbance' 'compensation' 'public Purpose' 'procedure' 'appeal on Question of Law' 'costs']

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Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether there was probative evidence of betterment value' 'Whether nil diminution in value of other land occurred due to controlled parking' 'Whether failure to apply s 54 of Land Acquisition (Just Terms Compensation) Act 1991' 'Whether market value figure was properly determined' 'Identification of the public purpose' 'Costs of trial proceedings']

Ratio Decidendi

There was probative evidence capable of supporting the primary judge's findings on betterment and controlled parking. The Court affirmed that the method of valuation was open to the trial judge and that s 54 did not require a compensation minimum if betterment exceeds other heads; the appeal and cross-appeal were dismissed with costs.

Court Disposition

Appeal dismissed with costs; cross-appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.' 'Cross-appeal dismissed with costs.']