Caruso and Ors v Sydney Water Corporation [2008] NSWLEC 320

Caruso and Ors v Sydney Water Corporation [2008] NSWLEC 320

The underlying zoning for the purposes of compensation is rural (Rural 1(a)), based on comprehensive planning and absence of likely residential rezoning absent the acquiring authority's actions. A prudent hypothetical purchaser would likely assign value to the land based on potential implementation in isolation of the Bewsher scheme, but not on the assumption of coordinated action by all relevant landholders. Compensation for landlocked residue land (Nati and Polito) is payable with a 50% deduction for loss of access. EEC presence would prompt a prudent purchaser to assume some offsets are required, set at a 6:1 ratio. The value per square metre for market value is $190/m2, with a 22.5%...

Parties
First Applicant: Domenico Caruso; First Applicant / Third Applicant: Nicola Caruso; Second Applicant: Joseph Mesiti; Fourth Applicant: John Nati; Fifth Applicant: Giuseppe Polito; Fifth Applicant: Maria Polito; Respondent: Sydney Water Corporation
Jurisdiction
Australia
Judgment Date
12 December 2008
Procedural Posture
Appeal / Judgment Following Hearing on Compensation for Compulsory Acquisition of Land
Outcome
Orders to be made for compensation as calculated per findings; parties to finalise calculations based on determinations in judgment; some disturbance items agreed, other disturbance and stamp duty matters reserved for further determination.
Legal Topics
Compensation for Compulsory Acquisition, Market Value Assessment, Public Purpose Determination, Zoning, Flood Affected Land, Disturbance, Injurious Affection, Offsets for Ecological Communities
Property Law Administrative Law Compulsory Acquisition Compensation for Compulsory Acquisition Market Value Assessment Public Purpose Determination Zoning Flood Affected Land +3 more

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Parties

Domenico Caruso

First Applicant

Nicola Caruso

First Applicant / Third Applicant

Joseph Mesiti

Second Applicant

John Nati

Fourth Applicant

Giuseppe Polito

Fifth Applicant

Maria Polito

Fifth Applicant

Sydney Water Corporation

Respondent

Procedural Posture

Appeal / Judgment Following Hearing on Compensation for Compulsory Acquisition of Land

Legal Issues

  1. 1 What is the appropriate underlying zoning for the acquired land for market value calculation?
  2. 2 Would a prudent hypothetical purchaser consider the Bewsher scheme feasible in valuing the land?
  3. 3 How should the presence of endangered ecological community (EEC) affect compensation in relation to development potential?

Ratio Decidendi

The underlying zoning for the purposes of compensation is rural (Rural 1(a)), based on comprehensive planning and absence of likely residential rezoning absent the acquiring authority's actions. A prudent hypothetical purchaser would likely assign value to the land based on potential implementation in isolation of the Bewsher scheme, but not on the assumption of coordinated action by all relevant landholders. Compensation for landlocked residue land (Nati and Polito) is payable with a 50% deduction for loss of access. EEC presence would prompt a prudent purchaser to assume some offsets are required, set at a 6:1 ratio. The value per square metre for market value is $190/m2, with a 22.5%...

Court Disposition

Orders to be made for compensation as calculated per findings; parties to finalise calculations based on determinations in judgment; some disturbance items agreed, other disturbance and stamp duty matters reserved for further determination.

Orders

  • Underlying zoning for compensation is Rural 1(a) (issue 1).
  • Advice to hypothetical purchaser supports value being assigned for Bewsher scheme potential on individual property basis (issue 2).