Torrisi v Roads and Traffic Authority of NSW [2006] NSWLEC 308
As the applicant accepted the respondent's revised valuation and there was no remaining dispute, compensation for the acquisition was determined at $4,057,370, being the sum of the agreed market value and other amounts under the Act.
- Parties
- Applicant: Mario Giuseppe Torrisi; Respondent: Roads and Traffic Authority of NSW
- Jurisdiction
- Australia
- Judgment Date
- 05 June 2006
- Procedural Posture
- Objection to Compensation Following Compulsory Acquisition / Judgment After Hearing Compensation Claim
- Outcome
- Compensation determined by agreement; judgment for applicant for $4,057,370; costs to applicant.
- Legal Topics
- Compulsory Acquisition, Just Terms Compensation, Valuation of Land, Solatium
Case Brief
Summary, issues, holding and outcome
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Parties
Mario Giuseppe Torrisi
Applicant
Roads and Traffic Authority of NSW
Respondent
Procedural Posture
Objection to Compensation Following Compulsory Acquisition / Judgment After Hearing Compensation Claim
Legal Issues
- 1 Determination of proper amount of compensation for compulsory acquisition under Land Acquisition (Just Terms Compensation) Act 1991
Ratio Decidendi
As the applicant accepted the respondent's revised valuation and there was no remaining dispute, compensation for the acquisition was determined at $4,057,370, being the sum of the agreed market value and other amounts under the Act.
Court Disposition
Compensation determined by agreement; judgment for applicant for $4,057,370; costs to applicant.
Orders
- The Court determines compensation for the acquisition in the sum of $4,057,370.
- The exhibits are returned, except Exhibits C and E.
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