N and D J Baric v Roads and Traffic Authority of NSW [2004] NSWLEC 702

N and D J Baric v Roads and Traffic Authority of NSW [2004] NSWLEC 702

Applying s 56(1)(a), the market value had to be assessed disregarding the adverse effect of the Western Sydney Orbital proposal, which had blighted residential development of the affected part of the Prestons Residential Release Area. On that hypothesis, all of the acquired land except the 70 metre riparian corridor...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 December 2004
Procedural Posture
Objection Under the Land Acquisition (just Terms Compensation) Act 1991 S 66(1) to the Amount of Compensation Offered for Compulsory Acquisition of Land / Judgment Determining Compensation Subject to Reservation of Disturbance Loss and Costs
Outcome
Compensation determined in the sum of $2,831,665 subject to reserved determination or agreement of disturbance loss; exhibits returned; costs reserved.
Legal Topics
['market Value' 'just Terms Compensation' 'disregard of Alteration in Value Caused by Public Purpose' 'residential Release Area' 'western Sydney Orbital' 'developable and Undevelopable Land' 'contamination Remediation' 'trunk Drainage Works']
['compulsory Acquisition of Land' 'land Valuation and Compensation' 'planning and Environment'] ['market Value' 'just Terms Compensation' 'disregard of Alteration in Value Caused by Public Purpose' 'residential Release Area' 'western Sydney Orbital' 'developable and Undevelopable Land' 'contamination Remediation' 'trunk Drainage Works']

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Procedural Posture

Objection Under the Land Acquisition (just Terms Compensation) Act 1991 S 66(1) to the Amount of Compensation Offered for Compulsory Acquisition of Land / Judgment Determining Compensation Subject to Reservation of Disturbance Loss and Costs

Legal Issues

  1. 1 ['The extent of the residentially developable area within the compulsorily acquired land' 'Whether market value should be discounted for time and risk in implementing the trunk drainage scheme' 'The value of the undevelopable area of the compulsorily acquired land' 'The extent of the allowance in market value for decontaminating the land' 'The extent of the allowance in market value for carrying out trunk drainage works']

Ratio Decidendi

Applying s 56(1)(a), the market value had to be assessed disregarding the adverse effect of the Western Sydney Orbital proposal, which had blighted residential development of the affected part of the Prestons Residential Release Area. On that hypothesis, all of the acquired land except the 70 metre riparian corridor was residentially developable, no discount for delay or risk in the trunk drainage scheme was warranted, the undevelopable area was valued at $25 per square metre, and prudent purchaser allowances were required for decontamination, trunk drainage works and undergrounding the existing electricity transmission line. This produced a market value of $2,812,000 and compensation,...

Court Disposition

Compensation determined in the sum of $2,831,665 subject to reserved determination or agreement of disturbance loss; exhibits returned; costs reserved.

Orders

  • ['Compensation is determined subject to Order 2, in the sum of $2,831,665 made up as follows: market value $2,812,000 and solatium $19,665.' "By consent, the question of compensation for disturbance loss be reserved—if the parties agree, the amount agreed upon is determined to be the amount of compensation for...