Minister for Education and Training v Tanner [2003] NSWCA 164

Minister for Education and Training v Tanner [2003] NSWCA 164

The loss of a right of access to a public road owned by an adjoining landowner, extinguished by compulsory acquisition of the road, constitutes an 'interest' in land under the Just Terms Act, making the owner entitled to compensation.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 June 2003
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['resumption or Acquisition of Land' 'compensation' 'assessment' 'highways' 'rights of Access to Highway']
['property Law' 'compensation Law'] ['resumption or Acquisition of Land' 'compensation' 'assessment' 'highways' 'rights of Access to Highway']

Source-derived case record

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether compensation is payable for loss of right of access to a public road, where the road is acquired but not the adjoining owner's land"]

Ratio Decidendi

The loss of a right of access to a public road owned by an adjoining landowner, extinguished by compulsory acquisition of the road, constitutes an 'interest' in land under the Just Terms Act, making the owner entitled to compensation.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']