Graeme Arthur Somers v Transport for NSW [2023] NSWLEC 1050

Graeme Arthur Somers v Transport for NSW [2023] NSWLEC 1050

The Court determined that the parties’ agreed terms on compensation were consistent with the proper exercise of the Court's functions under s 34(3) of the Land and Environment Court Act 1979 and that all jurisdictional prerequisites under the Land Acquisition (Just Terms Compensation) Act 1991 had been satisfied. The appeal was upheld and compensation ordered as agreed.

Parties
Applicant: Graeme Arthur Somers; Applicant: Margaret Leigh Somers; Applicant: Ross James Armstrong; Applicant: Marcelle Dawn Armstrong; Respondent: Transport for NSW
Jurisdiction
Australia
Judgment Date
08 February 2023
Procedural Posture
Appeal (compulsory Acquisition Compensation) / Final Orders After Conciliation Conference and Agreement
Outcome
Appeal upheld. Compensation determined and orders made by consent.
Legal Topics
Land Acquisition Compensation, Appeal Against Valuer General's Determination, Statutory Prerequisites for Acquisition
Land Law Compulsory Acquisition Administrative Law Land Acquisition Compensation Appeal Against Valuer General's Determination Statutory Prerequisites for Acquisition

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Graeme Arthur Somers

Applicant

Margaret Leigh Somers

Applicant

Ross James Armstrong

Applicant

Marcelle Dawn Armstrong

Applicant

Transport for NSW

Respondent

Procedural Posture

Appeal (compulsory Acquisition Compensation) / Final Orders After Conciliation Conference and Agreement

Legal Issues

  1. 1 Whether compensation determined by the Valuer General was just under the Land Acquisition (Just Terms Compensation) Act 1991
  2. 2 Whether jurisdictional prerequisites for acquisition and appeal had been met

Ratio Decidendi

The Court determined that the parties’ agreed terms on compensation were consistent with the proper exercise of the Court's functions under s 34(3) of the Land and Environment Court Act 1979 and that all jurisdictional prerequisites under the Land Acquisition (Just Terms Compensation) Act 1991 had been satisfied. The appeal was upheld and compensation ordered as agreed.

Court Disposition

Appeal upheld. Compensation determined and orders made by consent.

Orders

  • The appeal is upheld.
  • Compensation is determined in the sum of $1,363,378.73 pursuant to s 55 of the Land Acquisition (Just Terms Compensation) Act 1991.