De Battista v Transport for New South Wales [2014] NSWLEC 39

De Battista v Transport for New South Wales [2014] NSWLEC 39

The sale of 822 Windsor Road was the primary comparable sale in the same precinct and justified a rate of $175/sqm after limited adjustments. The Alex Avenue sales supported a lower range and did not justify any additional sewerage services adjustment because the market evidence showed developer purchasers paid similar rates for land with and without immediate sewer access where future service availability was expected. The Department of Education purchases reflected premiums or special value and were not comparable; 28 Tallawong Road was also unreliable. Market value was therefore $3,540,250. Although the chapeau of s 61 applied because market value was assessed on low to medium density...

Jurisdiction
Australia
Judgment Date
15 April 2014
Procedural Posture
Class 3 Compulsory Acquisition Compensation Appeal / Principal Judgment After Hearing
Outcome
Compensation determined for the Applicants in the amount of $3,766,053.02; exhibits may be returned; costs reserved.
Legal Topics
['market Value Compensation' 'comparable Sales Valuation' 'sewerage Services Availability' 'loss Attributable to Disturbance' 'land Acquisition (just Terms Compensation) Act 1991 S 61']
['compulsory Acquisition' 'land Valuation' 'planning and Environment'] ['market Value Compensation' 'comparable Sales Valuation' 'sewerage Services Availability' 'loss Attributable to Disturbance' 'land Acquisition (just Terms Compensation) Act 1991 S 61']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 3 Compulsory Acquisition Compensation Appeal / Principal Judgment After Hearing

Legal Issues

  1. 1 ['What market value should be assessed for the acquired land under s 55(a) and s 56 of the Land Acquisition (Just Terms Compensation) Act 1991.' 'Whether comparable sales required adjustment for differences in availability of sewerage services.' 'Whether sales to the Department of Education and the sale of 28 Tallawong Road were reliable comparable sales.' 'Whether s 61 of the Land Acquisition (Just Terms Compensation) Act 1991 prevented recovery of claimed disturbance costs under s 59(c) and s 59(d).']

Ratio Decidendi

The sale of 822 Windsor Road was the primary comparable sale in the same precinct and justified a rate of $175/sqm after limited adjustments. The Alex Avenue sales supported a lower range and did not justify any additional sewerage services adjustment because the market evidence showed developer purchasers paid similar rates for land with and without immediate sewer access where future service availability was expected. The Department of Education purchases reflected premiums or special value and were not comparable; 28 Tallawong Road was also unreliable. Market value was therefore $3,540,250. Although the chapeau of s 61 applied because market value was assessed on low to medium density...

Court Disposition

Compensation determined for the Applicants in the amount of $3,766,053.02; exhibits may be returned; costs reserved.

Orders

  • ["The compensation payable for the Applicants' land the subject of the present appeal is determined at $3,766,053.02." 'Exhibits may be returned.' 'The question of costs is reserved.']