Nasser v Roads and Traffic Authority; Millstar Holdings Pty Limited v Roads and Traffic Authority (No 3) [2006] NSWLEC 562

Nasser v Roads and Traffic Authority; Millstar Holdings Pty Limited v Roads and Traffic Authority (No 3) [2006] NSWLEC 562

Section 61 did not bar the claimed replacement property stamp duty and legal costs because the Court had found that but for the WSO proposal the land would have been zoned industrial at the date of acquisition, and the claim was not for a financial loss incurred in realising potential. The Nasser brothers proved that they were in the business of land development for subdivision purposes, so their stamp duty and legal costs for replacement property were recoverable under s 59(f) to the full extent of the resumed land. Millstar did not prove that it was in the business of land development, because it owned only the subject property and provided insufficient evidence of company activities,...

Jurisdiction
Australia
Judgment Date
21 September 2006
Procedural Posture
Compulsory Acquisition Compensation Proceedings / Judgment on Disturbance and Costs Following Earlier Compensation Judgments
Outcome
Valuation fees were awarded to both Applicants. The Nasser brothers were awarded stamp duty and legal costs under s 59(f). Millstar's claim for stamp duty and legal costs under s 59(f) was rejected. The Applicants were to receive all their legal costs, and the parties were directed to file short minutes of order...
Legal Topics
['disturbance Compensation' 'stamp Duty and Legal Costs for Replacement Property' 'valuation Fees' 'actual Use of Land' 'land Development Business' 'section 61 Limitation on Compensation' 'costs in Compulsory Acquisition Proceedings']
['compulsory Acquisition of Land' 'land Compensation' 'costs'] ['disturbance Compensation' 'stamp Duty and Legal Costs for Replacement Property' 'valuation Fees' 'actual Use of Land' 'land Development Business' 'section 61 Limitation on Compensation' 'costs in Compulsory Acquisition Proceedings']

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Procedural Posture

Compulsory Acquisition Compensation Proceedings / Judgment on Disturbance and Costs Following Earlier Compensation Judgments

Legal Issues

  1. 1 ['Whether valuation fees were recoverable as disturbance under s 59(b) of the Land Acquisition (Just Terms Compensation) Act 1991.' 'Whether stamp duty and legal costs for acquisition of replacement properties were recoverable under s 59(f) of the Land Acquisition (Just Terms Compensation) Act 1991.' 'Whether s 61 of the Land Acquisition (Just Terms Compensation) Act 1991 prevented recovery of the claimed disturbance compensation.' 'Whether the Applicants were in the business of land development so that replacement property costs related to the actual use of the acquired land.' 'Whether the Applicants should receive all of their legal costs of the proceedings.']

Ratio Decidendi

Section 61 did not bar the claimed replacement property stamp duty and legal costs because the Court had found that but for the WSO proposal the land would have been zoned industrial at the date of acquisition, and the claim was not for a financial loss incurred in realising potential. The Nasser brothers proved that they were in the business of land development for subdivision purposes, so their stamp duty and legal costs for replacement property were recoverable under s 59(f) to the full extent of the resumed land. Millstar did not prove that it was in the business of land development, because it owned only the subject property and provided insufficient evidence of company activities,...

Court Disposition

Valuation fees were awarded to both Applicants. The Nasser brothers were awarded stamp duty and legal costs under s 59(f). Millstar's claim for stamp duty and legal costs under s 59(f) was rejected. The Applicants were to receive all their legal costs, and the parties were directed to file short minutes of order...

Orders

  • ['Both Applicants awarded $7,700 for valuation fees under s 59(b) of the Land Acquisition (Just Terms Compensation) Act 1991.' 'The Nasser brothers awarded $254,878.35 for stamp duty and $6,000 for legal costs under s 59(f) of the Land Acquisition (Just Terms Compensation) Act 1991.' 'Millstar Holdings Pty Ltd not...