Taylor v Roads and Maritime Services [2016] NSWLEC 138

Taylor v Roads and Maritime Services [2016] NSWLEC 138

The Applicant’s compensable loss of profits under s 59(1)(f) was to be assessed over the four financial years required for the relocated 4ha blueberry farm to return to the 65 tonne production level achieved on the acquired land, because that period captured the direct and natural consequence of the acquisition on the actual use of the land. A 20 year comparison of differing blueberry growth cycles was too remote and arbitrary. Only a 2.5% time value of money discount was appropriate because the relevant period was short and the specific risks identified were minimal or manageable. The planned additional 2ha planting was excluded because it was not an actual use of the land at...

Jurisdiction
Australia
Judgment Date
08 November 2016
Procedural Posture
Class 3 Appeal Under S 66 of the Land Acquisition (just Terms Compensation) Act 1991 (nsw) Seeking Greater Compensation for Compulsory Acquisition of Land / Principal Judgment With Final Orders Added on 28 November 2016
Outcome
Compensation determined for the Applicant in the sum of $5,078,132.87 plus statutory interest, with costs payable by the Respondent as agreed or assessed.
Legal Topics
['assessment of Compensation' 'disturbance' 'loss of Profits From Relocation of Blueberry Farm' 'relocation Costs' 'gst on Legal and Valuation Costs' 'rent After Acquisition']
['compulsory Acquisition' 'land Valuation and Compensation' 'planning and Environment'] ['assessment of Compensation' 'disturbance' 'loss of Profits From Relocation of Blueberry Farm' 'relocation Costs' 'gst on Legal and Valuation Costs' 'rent After Acquisition']

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Procedural Posture

Class 3 Appeal Under S 66 of the Land Acquisition (just Terms Compensation) Act 1991 (nsw) Seeking Greater Compensation for Compulsory Acquisition of Land / Principal Judgment With Final Orders Added on 28 November 2016

Legal Issues

  1. 1 ['What period should be used to assess loss of profits caused by relocation of the blueberry farming business under s 59(1)(f) of the Land Acquisition (Just Terms Compensation) Act 1991.' 'What discount rate should be applied to the future loss of profits claim.' 'Whether profits from a proposed additional 2ha blueberry planting on the acquired land could be included in the loss of profits claim.' 'Whether GST paid on legal and valuation costs was claimable under s 59(1)(a) and (b).' 'Whether development application fees and utility connection costs for a new house on replacement land were claimable as relocation costs under s 59(1)(c).' 'Whether rent payable to RMS for post-acquisition occupation was claimable as compensation under s 59(1)(f).']

Ratio Decidendi

The Applicant’s compensable loss of profits under s 59(1)(f) was to be assessed over the four financial years required for the relocated 4ha blueberry farm to return to the 65 tonne production level achieved on the acquired land, because that period captured the direct and natural consequence of the acquisition on the actual use of the land. A 20 year comparison of differing blueberry growth cycles was too remote and arbitrary. Only a 2.5% time value of money discount was appropriate because the relevant period was short and the specific risks identified were minimal or manageable. The planned additional 2ha planting was excluded because it was not an actual use of the land at...

Court Disposition

Compensation determined for the Applicant in the sum of $5,078,132.87 plus statutory interest, with costs payable by the Respondent as agreed or assessed.

Orders

  • ['Compensation under Pt 3 Div 4 of the Land Acquisition (Just Terms Compensation) Act 1991 for the compulsory acquisition of Lot 51 Deposited Plan 851056 being the whole of the land in Certificate of Title 51/851056 is determined in the sum of $5,078,132.87 plus statutory interest being payable under sections 49 and...