Big Country Developments Pty Ltd v Transport for New South Wales (No 2) [2021] NSWLEC 101

Big Country Developments Pty Ltd v Transport for New South Wales (No 2) [2021] NSWLEC 101

The Court determined that a 15% adjustment for shape/topography was to be applied to Sale 3, resulting in an adjusted rate of $1,031/m2, and adopted the highest comparable rate, $1,058/m2, for the final valuation. Compensation calculations applied this rate, using half-rate for areas with Forest Red Gum trees, leading to total compensation including disturbance.

Parties
Applicant: Big Country Developments Pty Ltd; Respondent: Transport for New South Wales
Jurisdiction
Australia
Judgment Date
21 September 2021
Procedural Posture
Compulsory Acquisition Compensation Proceeding / Principal Judgment and Final Compensation Determination
Outcome
Compensation determined in the sum of $1,309,068.53 with statutory interest payable until 21 October 2020 and Respondent to pay Applicant’s reasonable costs.
Legal Topics
Valuation Methodology, Compensation Calculation, Adjustment for Shape/topography, Disturbance Compensation
Compulsory Acquisition Land Law Valuation Methodology Compensation Calculation Adjustment for Shape/topography Disturbance Compensation

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Parties

Big Country Developments Pty Ltd

Applicant

Transport for New South Wales

Respondent

Procedural Posture

Compulsory Acquisition Compensation Proceeding / Principal Judgment and Final Compensation Determination

Legal Issues

  1. 1 Appropriate adjustment for shape/topography in comparable Sale 3
  2. 2 Determination of appropriate base rate per square metre for valuation of acquired land
  3. 3 Correct calculation of compensation for land acquired with and without Forest Red Gum trees

Ratio Decidendi

The Court determined that a 15% adjustment for shape/topography was to be applied to Sale 3, resulting in an adjusted rate of $1,031/m2, and adopted the highest comparable rate, $1,058/m2, for the final valuation. Compensation calculations applied this rate, using half-rate for areas with Forest Red Gum trees, leading to total compensation including disturbance.

Court Disposition

Compensation determined in the sum of $1,309,068.53 with statutory interest payable until 21 October 2020 and Respondent to pay Applicant’s reasonable costs.

Orders

  • Compensation for compulsory acquisition determined at $1,309,068.53 with statutory interest to 21 October 2020 only.
  • Respondent to pay Applicant’s reasonable costs, as agreed or assessed, with no interest payable on costs.