Bligh v Minister Administering Environmental Planning and Assessment Act [2011] NSWLEC 220

Bligh v Minister Administering Environmental Planning and Assessment Act [2011] NSWLEC 220

Under s 59(f) of the Land Acquisition (Just Terms Compensation) Act 1991, where a business is assumed extinguished by compulsory acquisition, compensation for disturbance loss is to be assessed as the current value of the business to the owner, including a quantifiable special value, not merely market value at the...

Source-derived case information.

Parties
Applicant: Richard Bligh; Respondent: Minister administering the Environmental Planning and Assessment Act; Applicant: Erolhold Pty Ltd trading as Bringelly Pork and Bacon Co
Jurisdiction
Australia
Judgment Date
25 November 2011
Procedural Posture
Objection to Compensation for Compulsory Acquisition / Determination of Preliminary Question Regarding Disturbance Loss Under S 59(f) Just Terms Act
Outcome
Preliminary question answered: s 59(f) compensation for extinguishment of Erolhold's business determined at $1,350,000.
Legal Topics
Disturbance Loss, Business Valuation, Just Terms Compensation, Special Value
Compulsory Acquisition Property Law Compensation Law Disturbance Loss Business Valuation Just Terms Compensation Special Value

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Parties

Richard Bligh

Applicant

Minister administering the Environmental Planning and Assessment Act

Respondent

Erolhold Pty Ltd trading as Bringelly Pork and Bacon Co

Applicant

Procedural Posture

Objection to Compensation for Compulsory Acquisition / Determination of Preliminary Question Regarding Disturbance Loss Under S 59(f) Just Terms Act

Legal Issues

  1. 1 Whether compensation for disturbance loss under s 59(f) of Land Acquisition (Just Terms Compensation) Act 1991 for a business extinguished by compulsory acquisition is to be assessed at current value to owner or market value at acquisition date
  2. 2 Appropriate methodology to value the business for compensation purposes
  3. 3 Entitlement to special value in compensation for disturbance loss

Ratio Decidendi

Under s 59(f) of the Land Acquisition (Just Terms Compensation) Act 1991, where a business is assumed extinguished by compulsory acquisition, compensation for disturbance loss is to be assessed as the current value of the business to the owner, including a quantifiable special value, not merely market value at the acquisition date. In this case, the value was determined as $1,350,000: $1,078,650 representing market value and a 25% premium for special value to the owner.

Court Disposition

Preliminary question answered: s 59(f) compensation for extinguishment of Erolhold's business determined at $1,350,000.

Orders

  • The amount of compensation for disturbance loss for Erolhold under s 59(f) is set at $1,350,000 on the assumption of business extinguishment.