Richard Capuano v Roads and Maritime Services [2018] NSWLEC 59

Richard Capuano v Roads and Maritime Services [2018] NSWLEC 59

The market value of the subject property is determined primarily by applying the comparable sales method, giving greatest weight to the most proximate and comparable sale, with adjustments made only where supported by objective, market-based evidence. No substantial adjustment was justified for public purpose blight beyond a modest 10% where directly substantiated, nor for four-bedroom potential or ornate features due to lack of evidentiary foundation. The calculated market value is $1,000,000.

Jurisdiction
Australia
Judgment Date
23 April 2018
Procedural Posture
Class 3 Compensation for Compulsory Acquisition of Land / Judgment Following Contested Hearing and Orders
Outcome
Compensation determined and final orders made for payment and costs.
Legal Topics
['market Value Determination' 'comparable Sales Method' 'valuation Adjustments' 'public Purpose Influence' 'compensation Assessment']
['compulsory Acquisition' 'land Valuation'] ['market Value Determination' 'comparable Sales Method' 'valuation Adjustments' 'public Purpose Influence' 'compensation Assessment']

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Procedural Posture

Class 3 Compensation for Compulsory Acquisition of Land / Judgment Following Contested Hearing and Orders

Legal Issues

  1. 1 ['What is the appropriate market value of the subject property for compensation purposes following compulsory acquisition?' 'Is an adjustment necessary to comparable sales to take account of negative or positive effects caused by the public purpose for which the land is acquired?' 'Is an adjustment justified for 4th bedroom capability or ornate features in valuing the subject property?']

Ratio Decidendi

The market value of the subject property is determined primarily by applying the comparable sales method, giving greatest weight to the most proximate and comparable sale, with adjustments made only where supported by objective, market-based evidence. No substantial adjustment was justified for public purpose blight beyond a modest 10% where directly substantiated, nor for four-bedroom potential or ornate features due to lack of evidentiary foundation. The calculated market value is $1,000,000.

Court Disposition

Compensation determined and final orders made for payment and costs.

Orders

  • ['Compensation for market value pursuant to s 55(a) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) is determined in the amount of $1,000,000.' 'Compensation under Pt 3 Div 4 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) for the compulsory acquisition of the subject land is fixed...