The Trustee for Whitcurt Unit Trust v Transport for NSW [2021] NSWLEC 82

The Trustee for Whitcurt Unit Trust v Transport for NSW [2021] NSWLEC 82

The Applicant's entitlement to compensation is limited to its interest and assets actually held at the date of acquisition, being a monthly tenancy terminable on two months' notice and moveable chattels. Costs for relocating, fitting out, or reinstating fixtures not owned by the Applicant, business interruption or loss of profits, and improvement due to relocation cannot be compensated under the Just Terms Act ss 59(1)(c), 56(3), or 57. The Applicant's claim for compensation based on relocation and fit-out of a new facility, business interruption, or special value fails; only compensation for disturbance related to legal and valuation fees is payable.

Parties
Applicant: The Trustee for Whitcurt Unit Trust; Respondent: Transport for NSW
Jurisdiction
Australia
Judgment Date
30 July 2021
Procedural Posture
Compulsory Acquisition Compensation Claim / Final Judgment
Outcome
Applicant's claim dismissed except for compensation for disturbance (legal and valuation fees)
Legal Topics
Disturbance Compensation, Market Value, Special Value, Leasehold Interest, Reinstatement Principle
Compulsory Acquisition Property Law Disturbance Compensation Market Value Special Value Leasehold Interest Reinstatement Principle

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Parties

The Trustee for Whitcurt Unit Trust

Applicant

Transport for NSW

Respondent

Procedural Posture

Compulsory Acquisition Compensation Claim / Final Judgment

Legal Issues

  1. 1 Whether compensation for disturbance under s 55(d)/s 59(1)(c) of the Land Acquisition (Just Terms Compensation) Act 1991 includes costs for business relocation, fit-out, and loss of profits
  2. 2 Whether market value under s 56(3) allows compensation based on equivalent reinstatement
  3. 3 Whether special value under s 57 is available for leasehold interest

Ratio Decidendi

The Applicant's entitlement to compensation is limited to its interest and assets actually held at the date of acquisition, being a monthly tenancy terminable on two months' notice and moveable chattels. Costs for relocating, fitting out, or reinstating fixtures not owned by the Applicant, business interruption or loss of profits, and improvement due to relocation cannot be compensated under the Just Terms Act ss 59(1)(c), 56(3), or 57. The Applicant's claim for compensation based on relocation and fit-out of a new facility, business interruption, or special value fails; only compensation for disturbance related to legal and valuation fees is payable.

Court Disposition

Applicant's claim dismissed except for compensation for disturbance (legal and valuation fees)

Orders

  • Compensation for disturbance under s 55(d) of the Land Acquisition (Just Terms Compensation) Act 1991 determined in the sum of $118,380.98.
  • Costs are reserved.