Chino Pty Limited v Transport Infrastructure Development Corporation and Anor (No 2) [2007] NSWLEC 99

Chino Pty Limited v Transport Infrastructure Development Corporation and Anor (No 2) [2007] NSWLEC 99

Applying the additional valuation evidence and the risk factors identified in the earlier judgment, the Court selected a 6.25 per cent after capitalisation rate and five years of rental income for the Applicant, and a seven per cent after capitalisation rate and four years of rental income for the Council. On that basis, with the accepted Lot 16 and disturbance amounts, the Court made final compensation orders under s 55 of the Just Terms Act.

Jurisdiction
Australia
Judgment Date
12 March 2007
Procedural Posture
Compensation Proceedings Under the Land Acquisition (just Terms Compensation) Act 1991 / Final Orders Following Additional Valuation Evidence
Outcome
Final compensation orders made; costs reserved; exhibits to be returned.
Legal Topics
['just Terms Compensation' 'valuation Evidence' 'capitalisation Rates' 'disturbance']
['land Acquisition' 'compensation'] ['just Terms Compensation' 'valuation Evidence' 'capitalisation Rates' 'disturbance']

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Procedural Posture

Compensation Proceedings Under the Land Acquisition (just Terms Compensation) Act 1991 / Final Orders Following Additional Valuation Evidence

Legal Issues

  1. 1 ['What final compensation should be ordered for the Applicant under s 55 of the Land Acquisition (Just Terms Compensation) Act 1991.' 'What final compensation should be ordered for Willoughby City Council under s 55(a) and (f) of the Land Acquisition (Just Terms Compensation) Act 1991.' 'What after capitalisation rates and periods of rental income should be applied to reflect risk factors in the after scenario.']

Ratio Decidendi

Applying the additional valuation evidence and the risk factors identified in the earlier judgment, the Court selected a 6.25 per cent after capitalisation rate and five years of rental income for the Applicant, and a seven per cent after capitalisation rate and four years of rental income for the Council. On that basis, with the accepted Lot 16 and disturbance amounts, the Court made final compensation orders under s 55 of the Just Terms Act.

Court Disposition

Final compensation orders made; costs reserved; exhibits to be returned.

Orders

  • ['In relation to the Applicant, the Applicant is entitled to compensation pursuant to s 55(a) and (f) of the Land Acquisition (Just Terms Compensation) Act 1991 in the sum of $3,585,000.' 'In relation to the Applicant, the Applicant is entitled to compensation pursuant to s 55(d) of the Land Acquisition (Just Terms...