Hoy v Coffs Harbour City Council [2014] NSWLEC 1217

Hoy v Coffs Harbour City Council [2014] NSWLEC 1217

The market value of the applicant's land is to be determined on the basis of a development yield of 106 lots at $18,000 per lot, yielding $1,980,000; given the hardship acquisition and compelling circumstances, a discretionary award of disturbance ($29,937.39) and solatium ($25,020) is appropriate, resulting in a total compensation of $2,034,957.39.

Jurisdiction
Australia
Judgment Date
24 October 2014
Procedural Posture
Compulsory Acquisition Compensation Claim / Judgment/final Determination
Outcome
Compensation awarded for compulsory acquisition in the amount of $2,034,957.39, including disturbance and solatium.
Legal Topics
['compulsory Acquisition' 'compensation Assessment' 'just Terms Compensation' 'land Valuation' 'disturbance and Solatium' 'development Yield']
['land Law' 'administrative Law'] ['compulsory Acquisition' 'compensation Assessment' 'just Terms Compensation' 'land Valuation' 'disturbance and Solatium' 'development Yield']

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Procedural Posture

Compulsory Acquisition Compensation Claim / Judgment/final Determination

Legal Issues

  1. 1 ['What is the appropriate compensation payable to the applicant for the compulsory acquisition of her land?' 'What is the correct development yield and market value of the land?' 'Is the applicant entitled to compensation for disturbance and solatium under the hardship acquisition provisions?']

Ratio Decidendi

The market value of the applicant's land is to be determined on the basis of a development yield of 106 lots at $18,000 per lot, yielding $1,980,000; given the hardship acquisition and compelling circumstances, a discretionary award of disturbance ($29,937.39) and solatium ($25,020) is appropriate, resulting in a total compensation of $2,034,957.39.

Court Disposition

Compensation awarded for compulsory acquisition in the amount of $2,034,957.39, including disturbance and solatium.

Orders

  • ["Determination of compensation in the amount of $2,034,957.39 for compulsory acquisition of the Applicant's land." 'The exhibits are returned.' 'Costs are reserved.']