Landan Development Pty Ltd v Sydney Metro; Opera Australia v Sydney Metro; Altomonte Holdings Pty Ltd v Sydney Metro [2019] NSWLEC 65

Landan Development Pty Ltd v Sydney Metro; Opera Australia v Sydney Metro; Altomonte Holdings Pty Ltd v Sydney Metro [2019] NSWLEC 65

The statutory preconditions in clause 2(1) of Sch 6B to the Transport Administration Act 1988 require that the circumstances triggering compensation must occur after construction of the relevant underground rail facilities; therefore, compensation assessment under the Land Acquisition (Just Terms Compensation) Act 1991 is deferred until such circumstances are satisfied.

Jurisdiction
Australia
Judgment Date
20 June 2019
Procedural Posture
Class 3 Proceedings Regarding Compulsory Acquisition and Compensation / Determination of a Separate Question Concerning Statutory Construction; Orders; Relisting for Directions
Outcome
Separate question answered in the affirmative; acquiring authority must pay costs; matters relisted for further directions.
Legal Topics
['compulsory Acquisition' 'statutory Interpretation' 'compensation Under Land Acquisition (just Terms Compensation) Act']
['property Law' 'administrative Law'] ['compulsory Acquisition' 'statutory Interpretation' 'compensation Under Land Acquisition (just Terms Compensation) Act']

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Procedural Posture

Class 3 Proceedings Regarding Compulsory Acquisition and Compensation / Determination of a Separate Question Concerning Statutory Construction; Orders; Relisting for Directions

Legal Issues

  1. 1 ['Whether compensation under Land Acquisition (Just Terms Compensation) Act 1991 is payable for compulsory acquisition of subsurface stratum prior to or only after occurrence of circumstances specified in clause 2(1)(a)-(c) of Sch 6B to the Transport Administration Act 1988']

Ratio Decidendi

The statutory preconditions in clause 2(1) of Sch 6B to the Transport Administration Act 1988 require that the circumstances triggering compensation must occur after construction of the relevant underground rail facilities; therefore, compensation assessment under the Land Acquisition (Just Terms Compensation) Act 1991 is deferred until such circumstances are satisfied.

Court Disposition

Separate question answered in the affirmative; acquiring authority must pay costs; matters relisted for further directions.

Orders

  • ["The answer to the separate question is 'yes': Are the circumstances in clause 2(1)(a)-(c) of Sch 6B, Transport Administration Act 1988, limited to circumstances that have occurred after construction of the facilities?" "Respondent to pay Applicant's costs of the separate question as agreed or assessed." 'Matter to...