Alexandria Landfill Pty Ltd v Roads and Maritime Services; Boiling Pty Limited v Roads and Maritime Services (No 6) [2019] NSWLEC 98

Alexandria Landfill Pty Ltd v Roads and Maritime Services; Boiling Pty Limited v Roads and Maritime Services (No 6) [2019] NSWLEC 98

The compensation payable upon the compulsory acquisition of Lots 1 and 2 and the Boiling lease is to be determined in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, strictly construing statutory heads. For Lot 2, the market value is to be assessed on the basis of the highest and best use as identified on the evidence—a continuation of landfilling for 8 years and subsequent sale as unsubdivided industrial land, excluding speculative staged subdivision or operation of a long-term waste facility. The valuation must employ appropriate DCF inputs aligned with feasible regulatory, geotechnical, environmental, and economic conditions, using the Respondent’s assumptions...

Jurisdiction
Australia
Judgment Date
18 July 2019
Procedural Posture
Compulsory Acquisition Compensation (land and Environment Court, Class 3) / Final Principal Judgment After Trial
Outcome
Compensation determined principally in favour of the Respondent's position. Orders made as set out below.
Legal Topics
['just Terms Compensation' 'market Value' 'disturbance' 'special Value' 'expert Evidence' 'discounted Cash Flow Valuation' 'environmental Approvals' 'leasehold Valuation']
['compulsory Acquisition' 'land Law' 'valuation Law' 'administrative Law'] ['just Terms Compensation' 'market Value' 'disturbance' 'special Value' 'expert Evidence' 'discounted Cash Flow Valuation' 'environmental Approvals' 'leasehold Valuation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Compulsory Acquisition Compensation (land and Environment Court, Class 3) / Final Principal Judgment After Trial

Legal Issues

  1. 1 ['What compensation is payable for the compulsory acquisition of Lots 1 and 2 owned by ALF, and leasehold interest of Boiling Pty Ltd, under the Land Acquisition (Just Terms Compensation) Act 1991?' 'What is the proper methodology and assumptions for valuing the land and interests acquired?' 'Is ALF entitled to disturbance and special value beyond market value?' 'How do current authorities limit recovery for loss of profits, disturbance, and special value?' 'What is the highest and best use of Lot 2 at the date of acquisition?']

Ratio Decidendi

The compensation payable upon the compulsory acquisition of Lots 1 and 2 and the Boiling lease is to be determined in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, strictly construing statutory heads. For Lot 2, the market value is to be assessed on the basis of the highest and best use as identified on the evidence—a continuation of landfilling for 8 years and subsequent sale as unsubdivided industrial land, excluding speculative staged subdivision or operation of a long-term waste facility. The valuation must employ appropriate DCF inputs aligned with feasible regulatory, geotechnical, environmental, and economic conditions, using the Respondent’s assumptions...

Court Disposition

Compensation determined principally in favour of the Respondent's position. Orders made as set out below.

Orders

  • ['In Boiling Pty Ltd v Roads and Maritime Services (2016/155930): Total compensation under Part 3 Division 4 of the Land Acquisition (Just Terms Compensation) Act 1991 in the total sum of $11,000; costs reserved.' 'In Alexandria Landfill Pty Ltd v Roads and Maritime Services (2016/155678): Compensation for market...