Cassidy v Sydney Water Corporation [2008] NSWLEC 223

Cassidy v Sydney Water Corporation [2008] NSWLEC 223

The Court found that, disregarding the respondent's public purpose as required by s 56(1)(a) of the Land Acquisition (Just Terms Compensation) Act 1991, the Balmoral Road Release Area would have been rezoned for urban purposes about the acquisition date, with part of lot 9 zoned 3(a) Business (Retail) and the balance (flood liable) zoned rural or open space. On the valuation evidence, the appropriate figure for the 3(a) land was $300 per m2 and $85 per m2 for the flood affected land, resulting in a compensation figure for the acquired land of $3,202,399, plus disturbance ($143,462) and maximum solatium ($21,150), for a total of $3,367,011.

Jurisdiction
Australia
Judgment Date
18 August 2008
Procedural Posture
Compulsory Acquisition Compensation / Judgment on Compensation Following Objection Under Land Acquisition (just Terms Compensation) Act 1991
Outcome
Applicants entitled to compensation for compulsory acquisition in the sum of $3,367,011.
Legal Topics
['compulsory Acquisition' 'land Valuation' 'compensation' 'market Value' 'solatium' 'public Purpose' 'flood Planning' 'comparable Sales']
['property Law' 'administrative Law'] ['compulsory Acquisition' 'land Valuation' 'compensation' 'market Value' 'solatium' 'public Purpose' 'flood Planning' 'comparable Sales']

Case Brief

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Procedural Posture

Compulsory Acquisition Compensation / Judgment on Compensation Following Objection Under Land Acquisition (just Terms Compensation) Act 1991

Legal Issues

  1. 1 ['What is the appropriate amount of just compensation payable for the compulsory acquisition of part of lot 9, DP 258947, Memorial Avenue, Kellyville, under the Land Acquisition (Just Terms Compensation) Act 1991?' 'How should the public purpose for which the land was acquired be identified and its impact on market value assessed under s 56(1)(a) of the Act?' 'What is the appropriate value for the acquired land, including the relevant zoning assumptions for valuation and treatment of flood liable land?' 'Are the applicants entitled to solatium, and if so, in what amount?']

Ratio Decidendi

The Court found that, disregarding the respondent's public purpose as required by s 56(1)(a) of the Land Acquisition (Just Terms Compensation) Act 1991, the Balmoral Road Release Area would have been rezoned for urban purposes about the acquisition date, with part of lot 9 zoned 3(a) Business (Retail) and the balance (flood liable) zoned rural or open space. On the valuation evidence, the appropriate figure for the 3(a) land was $300 per m2 and $85 per m2 for the flood affected land, resulting in a compensation figure for the acquired land of $3,202,399, plus disturbance ($143,462) and maximum solatium ($21,150), for a total of $3,367,011.

Court Disposition

Applicants entitled to compensation for compulsory acquisition in the sum of $3,367,011.

Orders

  • ['Compensation for compulsory acquisition of part of lot 9, DP 258947 assessed at $3,367,011 (comprised of market value $3,202,399, disturbance $143,462, and solatium $21,150).' 'Parties to bring in short minutes of order for final orders, including costs, on a specified date unless draft agreed orders are filed...