Bligh Consulting Pty Ltd v Ausgrid [2017] NSWCA 95

Bligh Consulting Pty Ltd v Ausgrid [2017] NSWCA 95

The appeal was dismissed because the primary Judge did not err in law in assessing the injurious affection claim; Bligh Consulting failed to demonstrate that a hypothetical purchaser would discount the value of the freehold on the basis of likely vacancy by the Institute in the aftermath of acquisition. The Judge was correct to proceed on the basis agreed by the parties that the Institute would act reasonably and prudently and to reject the s 55(f) claim. Section 62(1) excludes compensation for the rock anchor easement, as previously confirmed by authority.

Jurisdiction
Australia
Judgment Date
11 May 2017
Procedural Posture
Appeal / Court of Appeal – Principal Judgment
Outcome
Appeal dismissed
Legal Topics
['injurious Affection' 'assessment of Compensation' 'easements' 'valuation Litigation']
['compulsory Acquisition' 'property Law'] ['injurious Affection' 'assessment of Compensation' 'easements' 'valuation Litigation']

Case Brief

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Procedural Posture

Appeal / Court of Appeal – Principal Judgment

Legal Issues

  1. 1 ['Whether primary Judge erred in rejecting injurious affection claim under s 55(f) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW)' 'Whether primary Judge failed to apply before and after test in assessing compensation' 'Whether primary Judge applied the wrong test in determining if a tenant would vacate the servient tenement due to the proposal to carry out a public purpose rock anchor easement' 'Whether s 62 of the Just Terms Act applies to a rock anchor easement']

Ratio Decidendi

The appeal was dismissed because the primary Judge did not err in law in assessing the injurious affection claim; Bligh Consulting failed to demonstrate that a hypothetical purchaser would discount the value of the freehold on the basis of likely vacancy by the Institute in the aftermath of acquisition. The Judge was correct to proceed on the basis agreed by the parties that the Institute would act reasonably and prudently and to reject the s 55(f) claim. Section 62(1) excludes compensation for the rock anchor easement, as previously confirmed by authority.

Court Disposition

Appeal dismissed

Orders

  • ['The appellant (Bligh Consulting) pay the costs of the respondent (Ausgrid) of the appeal.']