McGeary v Richmond Valley Council [2012] NSWLEC 204

McGeary v Richmond Valley Council [2012] NSWLEC 204

The likely location of a house on the retained land would be close to the acquired land where the water tank is located, and the tank would substantially impair views, justifying $24,000 compensation for decrease in value. The disturbance loss claim for quantity surveyor's fees is not allowable as the applicants did not own the water tank and should have been aware of this.

Jurisdiction
Australia
Judgment Date
06 September 2012
Procedural Posture
Compensation Claim for Compulsory Acquisition / Principal Judgment
Outcome
Compensation determined in the sum of $57,657. Costs reserved.
Legal Topics
['compulsory Acquisition' 'disturbance Loss' 'decrease in Value of Retained Land']
['property Law' 'compensation Law'] ['compulsory Acquisition' 'disturbance Loss' 'decrease in Value of Retained Land']

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Procedural Posture

Compensation Claim for Compulsory Acquisition / Principal Judgment

Legal Issues

  1. 1 ['Whether the applicants are entitled to compensation for decrease in value of retained land under s 55(f)' "Whether applicants are entitled to claim disturbance loss for quantity surveyor's fees regarding replacement cost of water tank"]

Ratio Decidendi

The likely location of a house on the retained land would be close to the acquired land where the water tank is located, and the tank would substantially impair views, justifying $24,000 compensation for decrease in value. The disturbance loss claim for quantity surveyor's fees is not allowable as the applicants did not own the water tank and should have been aware of this.

Court Disposition

Compensation determined in the sum of $57,657. Costs reserved.

Orders

  • ['Determination that the amount of compensation to which the applicants are entitled is $57,657.' 'Costs are reserved. The proceedings will be listed for a costs argument on 14 September 2012 before Biscoe J.' 'The exhibits may be returned.']