Speter v Roads and Maritime Services [2016] NSWLEC 128

Speter v Roads and Maritime Services [2016] NSWLEC 128

Appropriate compensation for the compulsory acquisition of the applicants' investment property must be determined by a direct comparison approach, primarily relying on a comparable sale with reasoned adjustments for improvements, approvals, location, area, and time. The applicants as passive investors are only entitled to disturbance for legal and valuation costs, as 'relocation' and 'actual use' for broader disturbance compensation under the Just Terms Act was not established on the facts.

Jurisdiction
Australia
Judgment Date
30 September 2016
Procedural Posture
Compulsory Acquisition Compensation / Principal Judgment
Outcome
Compensation awarded to the applicants in the total amount of $1,761,250; costs to be paid by the respondent; exhibits returned.
Legal Topics
['market Value Determination' 'disturbance Compensation' 'valuation Methodology' "interpretation of 'relocation' and 'actual Use' in Compensation Law"]
['compulsory Acquisition' 'land Law'] ['market Value Determination' 'disturbance Compensation' 'valuation Methodology' "interpretation of 'relocation' and 'actual Use' in Compensation Law"]

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Procedural Posture

Compulsory Acquisition Compensation / Principal Judgment

Legal Issues

  1. 1 ["What is the appropriate compensation payable for the compulsory acquisition of the applicants' investment property, including market value and disturbance components?" 'How should the relevant comparable sales be analysed and adjusted in determining market value?' "What is the correct interpretation of 'relocation' and 'actual use' for the purposes of disturbance compensation under the Just Terms Act?"]

Ratio Decidendi

Appropriate compensation for the compulsory acquisition of the applicants' investment property must be determined by a direct comparison approach, primarily relying on a comparable sale with reasoned adjustments for improvements, approvals, location, area, and time. The applicants as passive investors are only entitled to disturbance for legal and valuation costs, as 'relocation' and 'actual use' for broader disturbance compensation under the Just Terms Act was not established on the facts.

Court Disposition

Compensation awarded to the applicants in the total amount of $1,761,250; costs to be paid by the respondent; exhibits returned.

Orders

  • ['The amount of compensation payable to the applicants for the acquisition of the land comprising Lot 5 in Deposited Plan 777484, known as 467 Warringah Road, Frenchs Forest, is $1,761,250.' "The respondent is to pay the applicants' costs as agreed or assessed." 'The exhibits are returned.']