Fraser v Transport for NSW [2019] NSWLEC 1257

Fraser v Transport for NSW [2019] NSWLEC 1257

The Court upheld the objection to the compensation offer and determined compensation based on the parties’ agreement, finding it compliant with statutory obligations and established valuation methodology, as the agreement used a capitalisation of income approach consistent with case law and statutory assessment.

Parties
Applicant: Ann Fraser; Respondent: Transport for NSW
Jurisdiction
Australia
Judgment Date
12 June 2019
Procedural Posture
Objection to Offer of Compensation (compulsory Acquisition) / Post Conciliation Conference, Final Orders
Outcome
Objection upheld; compensation determined; orders made by consent
Legal Topics
Compulsory Acquisition, Just Terms Compensation, Market Value, Disturbance, Determination of Compensation
Property Law Compulsory Acquisition Just Terms Compensation Market Value Disturbance Determination of Compensation

Case Brief

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Parties

Ann Fraser

Applicant

Transport for NSW

Respondent

Procedural Posture

Objection to Offer of Compensation (compulsory Acquisition) / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether the offer of compensation for compulsory acquisition was adequate and compliant with statutory requirements
  2. 2 How compensation should be assessed for market value and disturbance under the Land Acquisition (Just Terms Compensation) Act 1991

Ratio Decidendi

The Court upheld the objection to the compensation offer and determined compensation based on the parties’ agreement, finding it compliant with statutory obligations and established valuation methodology, as the agreement used a capitalisation of income approach consistent with case law and statutory assessment.

Court Disposition

Objection upheld; compensation determined; orders made by consent

Orders

  • The objection is upheld
  • Compensation to be determined in the sum of $2,590,093.43, pursuant to section 55 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW), for the acquisition of Lot 3 in DP221501, 5 Barney Street, North Parramatta