Apokis v Roads and Maritime Services [2017] NSWLEC 163

Apokis v Roads and Maritime Services [2017] NSWLEC 163

The compensation for the strip acquired by RMS is the difference in value of the land arising from its acquisition, calculated on a 'before and after' scenario using 'bush block' sales and accounting for betterment to the residual land, resulting in a figure of $113,000. Loss of potential quarrying value on the residual land is minimal, fixed at $1,000, due to there being no significant difference in quarrying potential and limitations on demand and permissible extraction. The claim for royalties on material removed by RMS fails as RMS acquired all rights to the land and materials; even if that were not so, the net present value of royalties is nominal.

Jurisdiction
Australia
Judgment Date
04 December 2017
Procedural Posture
Resumption Compensation (class 3, Land and Environment Court) / Judgment and Orders After Contested Hearing
Outcome
Applicant's compensation determined at $113,000 for acquired strip, plus $1,000 for loss of quarry potential; royalty claim rejected; parties to provide draft orders and directions given for finalising orders and costs.
Legal Topics
['compensation for Compulsory Acquisition' 'market Value Assessment' 'quarrying Rights' 'financial Loss for Disturbance' 'betterment' 'royalties on Excavated Materials']
['compulsory Acquisition' 'land Law' 'planning and Environment Law'] ['compensation for Compulsory Acquisition' 'market Value Assessment' 'quarrying Rights' 'financial Loss for Disturbance' 'betterment' 'royalties on Excavated Materials']

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Procedural Posture

Resumption Compensation (class 3, Land and Environment Court) / Judgment and Orders After Contested Hearing

Legal Issues

  1. 1 ["What is the correct amount of compensation payable for the RMS acquisition of a strip of land through Mr Apokis's property for a highway upgrade?" 'Is Mr Apokis entitled to compensation for the loss of future quarrying potential on residual land?' 'Is Mr Apokis entitled to receive royalties for materials removed from the acquired strip by the RMS?']

Ratio Decidendi

The compensation for the strip acquired by RMS is the difference in value of the land arising from its acquisition, calculated on a 'before and after' scenario using 'bush block' sales and accounting for betterment to the residual land, resulting in a figure of $113,000. Loss of potential quarrying value on the residual land is minimal, fixed at $1,000, due to there being no significant difference in quarrying potential and limitations on demand and permissible extraction. The claim for royalties on material removed by RMS fails as RMS acquired all rights to the land and materials; even if that were not so, the net present value of royalties is nominal.

Court Disposition

Applicant's compensation determined at $113,000 for acquired strip, plus $1,000 for loss of quarry potential; royalty claim rejected; parties to provide draft orders and directions given for finalising orders and costs.

Orders

  • ['Compensation payable to Applicant is $113,000 for acquired central strip.' 'An additional $1,000 awarded for loss of quarrying potential.' "Applicant's royalty claim for excavated material is rejected." 'Parties to submit Short Minutes of Order by specified date reflecting these outcomes; question of costs...