Perry v Roads and Traffic Authority [2000] NSWLEC 179

Perry v Roads and Traffic Authority [2000] NSWLEC 179

The Court determined that compensation is to be awarded in the sum of $1,164,794, including an additional sum agreed for further compensation under s 59(a) and (b) of the Just Terms Act. The applicant's claim to compensation for capital gains tax liability was formally abandoned. The applicant is entitled to his costs of proceedings except for those associated with the capital gains tax issue, for which the respondent will recover its costs.

Jurisdiction
Australia
Judgment Date
08 August 2000
Procedural Posture
Compensation Claim Under Land Acquisition (just Terms Compensation) Act 1991 / Final Judgment After Hearing on Amended Notice of Motion
Outcome
Compensation determined for applicant. Specific orders made regarding payment, interest, and costs. Claim for capital gains tax compensation abandoned.
Legal Topics
['compulsory Acquisition' 'statutory Compensation' 'capital Gains Tax Liability' 'costs of Proceedings']
['compensation Law' 'land Acquisition'] ['compulsory Acquisition' 'statutory Compensation' 'capital Gains Tax Liability' 'costs of Proceedings']

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Procedural Posture

Compensation Claim Under Land Acquisition (just Terms Compensation) Act 1991 / Final Judgment After Hearing on Amended Notice of Motion

Legal Issues

  1. 1 ['Determination of compensation payable for compulsory acquisition of land' 'Entitlement to compensation for capital gains tax liability incurred as a result of acquisition' 'Appropriate costs order in light of abandonment of capital gains tax claim']

Ratio Decidendi

The Court determined that compensation is to be awarded in the sum of $1,164,794, including an additional sum agreed for further compensation under s 59(a) and (b) of the Just Terms Act. The applicant's claim to compensation for capital gains tax liability was formally abandoned. The applicant is entitled to his costs of proceedings except for those associated with the capital gains tax issue, for which the respondent will recover its costs.

Court Disposition

Compensation determined for applicant. Specific orders made regarding payment, interest, and costs. Claim for capital gains tax compensation abandoned.

Orders

  • ['Compensation determined in the sum of $1,164,794.' 'Respondent to pay applicant compensation and statutory interest thereon less any amount already paid. Applicant to hold compensation monies exceeding $626,000 in a controlled money account with solicitors until further order.' "Respondent to pay applicant's costs...