Caruso and Ors v Sydney Water Corporation (No 2) [2008] NSWLEC 331

Caruso and Ors v Sydney Water Corporation (No 2) [2008] NSWLEC 331

The residential zoning of the residue land was not linked to any decrease or increase in value resulting from Sydney Water Corporation's public purpose of undertaking trunk drainage works, but reflected broader planning aims for the Strangers Creek area. The before and after method would therefore distort market value, so the piecemeal approach was adopted. For the Mesiti land, a 5 per cent risk allowance was appropriate for the endangered ecological community issue. Stamp duty was not recoverable as disturbance because market value had been assessed on the basis of potential uses other than the current rural home site use, engaging s 61 of the Land Acquisition (Just Terms) Compensation...

Jurisdiction
Australia
Judgment Date
23 December 2008
Procedural Posture
Compulsory Acquisition of Land Compensation Proceedings / Finalisation of Orders for Compensation After Caruso and Ors V Sydney Water Corporation [2008] NSWLEC 320; Pending Appeal
Outcome
Final compensation orders made for all applicants; piecemeal valuation methodology adopted; stamp duty claims not allowed under s 61.
Legal Topics
['market Value Compensation' 'before and After Valuation Method' 'piecemeal Valuation Method' 'disturbance' 'stamp Duty' 'endangered Ecological Community' 'public Purpose' 'land Acquisition (just Terms) Compensation Act 1991']
['compulsory Acquisition' 'land Valuation' 'planning and Environment'] ['market Value Compensation' 'before and After Valuation Method' 'piecemeal Valuation Method' 'disturbance' 'stamp Duty' 'endangered Ecological Community' 'public Purpose' 'land Acquisition (just Terms) Compensation Act 1991']

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Procedural Posture

Compulsory Acquisition of Land Compensation Proceedings / Finalisation of Orders for Compensation After Caruso and Ors V Sydney Water Corporation [2008] NSWLEC 320; Pending Appeal

Legal Issues

  1. 1 ['Whether the piecemeal approach or the before and after method of valuation should be applied to determine market value compensation.' 'Whether an allowance should be made for the endangered ecological community on the Mesiti land and, if so, what allowance.' 'Whether s 61 of the Land Acquisition (Just Terms) Compensation Act 1991 prevents payment of stamp duty as disturbance under s 59(f).']

Ratio Decidendi

The residential zoning of the residue land was not linked to any decrease or increase in value resulting from Sydney Water Corporation's public purpose of undertaking trunk drainage works, but reflected broader planning aims for the Strangers Creek area. The before and after method would therefore distort market value, so the piecemeal approach was adopted. For the Mesiti land, a 5 per cent risk allowance was appropriate for the endangered ecological community issue. Stamp duty was not recoverable as disturbance because market value had been assessed on the basis of potential uses other than the current rural home site use, engaging s 61 of the Land Acquisition (Just Terms) Compensation...

Court Disposition

Final compensation orders made for all applicants; piecemeal valuation methodology adopted; stamp duty claims not allowed under s 61.

Orders

  • ['N Caruso, matter no 07/30694: total compensation $4,041,767.46.' 'D and N Caruso, matter no 07/30692: total compensation $1,949,640.13.' 'Polito, matter no 07/30766: total compensation $1,465,406.48.' 'Nati, matter no 07/30765: total compensation $1,550,147.37.' 'Mesiti, matter no 07/30693: total compensation...