Ibos Pty Limited v DHSH (Aust) Travel Pty Limited [2007] NSWLEC 120

Ibos Pty Limited v DHSH (Aust) Travel Pty Limited [2007] NSWLEC 120

The land proposed to be acquired was sufficiently identified for the preliminary statutory steps under ss 184, 187 and 189. The s 184 newspaper notice identified DHSH's lots and TSR 27023 and referred to an available plan; the notice served on DHSH included the newspaper notice and a diagram showing the existing track in use. The parties and the Registrar-General had no difficulty identifying the affected land. Sections 187 and 189 did not require more particular identification in the Minister's decision, determination or notice. Any precise identification needed for compensation determination and ultimate acquisition could be addressed by directing the Minister to provide a precise...

Jurisdiction
Australia
Judgment Date
09 March 2007
Procedural Posture
Class 3 Compensation Application Under Roads Act 1993 (nsw) S 193 / First Respondent's Amended Notice of Motion for Summary Dismissal or Strike Out
Outcome
The first respondent's amended notice of motion was dismissed with costs, and the second respondent was ordered to file and serve a statement precisely identifying the proposed land to be acquired.
Legal Topics
['acquisition of Land on Private Application' 'identification of Land in Statutory Notices' 'public Road Opening' 'summary Dismissal or Strike Out' 'roads Act 1993 (nsw) Part 12 Division 2']
['compulsory Acquisition of Land' 'land and Environment' 'roads' 'compensation'] ['acquisition of Land on Private Application' 'identification of Land in Statutory Notices' 'public Road Opening' 'summary Dismissal or Strike Out' 'roads Act 1993 (nsw) Part 12 Division 2']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 3 Compensation Application Under Roads Act 1993 (nsw) S 193 / First Respondent's Amended Notice of Motion for Summary Dismissal or Strike Out

Legal Issues

  1. 1 ["Whether the Minister's decisions, determinations and notices under Roads Act 1993 (NSW) ss 184, 187 and 189 sufficiently identified the land proposed to be acquired." 'Whether any deficiency in identifying the proposed acquisition land meant that the applicants had no right to commence proceedings under Roads Act 1993 (NSW) s 193.' 'Whether the Application should be summarily dismissed or struck out.']

Ratio Decidendi

The land proposed to be acquired was sufficiently identified for the preliminary statutory steps under ss 184, 187 and 189. The s 184 newspaper notice identified DHSH's lots and TSR 27023 and referred to an available plan; the notice served on DHSH included the newspaper notice and a diagram showing the existing track in use. The parties and the Registrar-General had no difficulty identifying the affected land. Sections 187 and 189 did not require more particular identification in the Minister's decision, determination or notice. Any precise identification needed for compensation determination and ultimate acquisition could be addressed by directing the Minister to provide a precise...

Court Disposition

The first respondent's amended notice of motion was dismissed with costs, and the second respondent was ordered to file and serve a statement precisely identifying the proposed land to be acquired.

Orders

  • ["The first respondent's amended notice of motion filed on 20 October 2006 is dismissed with costs." 'Order that the second respondent file and serve a statement of the precise identification of the proposed land to be acquired on or before 21 March 2007.' 'The exhibits may be returned.' 'The proceedings will be...