Antonino Gaudioso v Transport for New South Wales [2021] NSWLEC 91

Antonino Gaudioso v Transport for New South Wales [2021] NSWLEC 91

Although the 2014 Industrial Lands Study and later work influenced by it were to be disregarded because they were commissioned in response to the WestConnex public purpose, the evidence showed only an investigation of possible rezoning, not a decision to rezone. Absent the public purpose, Council would probably still have pursued an industrial lands demand study and retained and protected the Camperdown Industrial Precinct, including the Acquired Land, as IN2 Light Industrial with no residential use. Accordingly, the public purpose caused no compensable decrease in market value, and market value was $10.6 million. Urban design-related costs were recoverable as legal costs reasonably...

Jurisdiction
Australia
Judgment Date
27 August 2021
Procedural Posture
Class 3 Compulsory Acquisition Compensation Proceedings Under S 66 of the Land Acquisition (just Terms Compensation) Act 1991 (nsw) / Principal Judgment Determining Compensation; Further Costs Orders Made by Consent on 9 September 2021
Outcome
Compensation determined for the Applicants in the sum of $10,781,707.60 plus statutory interest; exhibits returned; costs initially reserved and later ordered by consent to be paid by the Respondent as agreed or assessed.
Legal Topics
['assessment of Compensation' 'market Value Under S 55(a) and S 56 of the Land Acquisition (just Terms Compensation) Act 1991 (nsw)' 'public Purpose Disregard' 'industrial Zoning and Potential Rezoning' 'disturbance Costs' 'legal Costs' 'stamp Duty' 'mortgage Costs']
['compulsory Acquisition' 'land Valuation' 'planning and Environment'] ['assessment of Compensation' 'market Value Under S 55(a) and S 56 of the Land Acquisition (just Terms Compensation) Act 1991 (nsw)' 'public Purpose Disregard' 'industrial Zoning and Potential Rezoning' 'disturbance Costs' 'legal Costs' 'stamp Duty' 'mortgage Costs']

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Procedural Posture

Class 3 Compulsory Acquisition Compensation Proceedings Under S 66 of the Land Acquisition (just Terms Compensation) Act 1991 (nsw) / Principal Judgment Determining Compensation; Further Costs Orders Made by Consent on 9 September 2021

Legal Issues

  1. 1 ['Whether the IN2 Light Industrial zoning of the Acquired Land, or its retention, was caused by the proposal to carry out the WestConnex Project and should be disregarded when determining market value under s 56 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW).' 'If the IN2 zoning was to be disregarded, what zoning and highest and best use would probably have applied to the Acquired Land absent the public purpose.' 'Whether any different zoning would have produced a decrease in market value caused by the public purpose.' 'Whether the Applicants were entitled to claimed disturbance costs for urban design advice, legal costs relating to purchase of replacement land, stamp duty, and mortgage discharge costs.']

Ratio Decidendi

Although the 2014 Industrial Lands Study and later work influenced by it were to be disregarded because they were commissioned in response to the WestConnex public purpose, the evidence showed only an investigation of possible rezoning, not a decision to rezone. Absent the public purpose, Council would probably still have pursued an industrial lands demand study and retained and protected the Camperdown Industrial Precinct, including the Acquired Land, as IN2 Light Industrial with no residential use. Accordingly, the public purpose caused no compensable decrease in market value, and market value was $10.6 million. Urban design-related costs were recoverable as legal costs reasonably...

Court Disposition

Compensation determined for the Applicants in the sum of $10,781,707.60 plus statutory interest; exhibits returned; costs initially reserved and later ordered by consent to be paid by the Respondent as agreed or assessed.

Orders

  • ["Compensation pursuant to Part 3 Division 4 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) for the compulsory acquisition of the Applicants' interest in Lot 1 in Deposited Plan 510297 and Lot 101 in Deposited Plan 701466, known as 182 and 184-186 Parramatta Road, Camperdown is determined in the...