Elmasri v Transport for NSW [2021] NSWSC 929

Elmasri v Transport for NSW [2021] NSWSC 929

Transport for NSW made a genuine attempt to acquire the plaintiffs' land by agreement within the meaning of s 10A(2) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) over the relevant period prior to issuing the proposed acquisition notice. Imperfections in process and communication did not amount to a failure of bona fides or a lack of genuine effort. The statutory requirements were satisfied and the proceedings consequently dismissed.

Jurisdiction
Australia
Judgment Date
29 July 2021
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Proceedings dismissed
Legal Topics
['compulsory Acquisition' 'judicial Review' 'good Faith Negotiations' 'just Terms Compensation']
['administrative Law' 'property Law'] ['compulsory Acquisition' 'judicial Review' 'good Faith Negotiations' 'just Terms Compensation']

Case Brief

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Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 ["Whether Transport for NSW made a 'genuine attempt' to acquire land by agreement for at least six months before issuing a proposed acquisition notice under s 10A(2) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW)" "Interpretation of 'genuine attempt' and the relevant period for negotiation under s 10A(2)" 'Whether negotiations must cover the heads of compensation under the Act or can be conducted on another basis']

Ratio Decidendi

Transport for NSW made a genuine attempt to acquire the plaintiffs' land by agreement within the meaning of s 10A(2) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) over the relevant period prior to issuing the proposed acquisition notice. Imperfections in process and communication did not amount to a failure of bona fides or a lack of genuine effort. The statutory requirements were satisfied and the proceedings consequently dismissed.

Court Disposition

Proceedings dismissed

Orders

  • ['Direct the parties to confer within 7 days in relation to the appropriate order as to costs.' 'If agreement on costs is reached, parties to file proposed order on or before 7 August 2021.' 'If no agreement, each party to file and serve their proposed order and submissions (max 4 pages) by 12 August 2021; replies...