Nohra v Sydney Metro; C & P Automotive Engineers Pty Ltd v Sydney Metro [2023] NSWLEC 95

Nohra v Sydney Metro; C & P Automotive Engineers Pty Ltd v Sydney Metro [2023] NSWLEC 95

Market value of acquired property (and affected leasehold) should use upper expert value for hardstand, resolving doubt in favour of applicants; compensation for leasehold disturbance includes fit-out and reasonable rent differential costs as justified by facts and statutory provisions.

Parties
Applicant: Venera Hope Nohra; Applicant: Carole Jean Carpenter; Applicant: C & P Automotive Engineers Pty Ltd; Respondent: Sydney Metro
Jurisdiction
Australia
Judgment Date
15 September 2023
Procedural Posture
Compulsory Acquisition Compensation Claim (class 3) / Principal Judgment
Outcome
Applicants awarded full claimed compensation in both proceedings; costs reserved.
Legal Topics
Land Compensation, Disturbance Losses, Leasehold and Freehold Interests, Market Value Assessment
Compulsory Acquisition Property Law Land Compensation Disturbance Losses Leasehold and Freehold Interests Market Value Assessment

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Parties

Venera Hope Nohra

Applicant

Carole Jean Carpenter

Applicant

C & P Automotive Engineers Pty Ltd

Applicant

Sydney Metro

Respondent

Procedural Posture

Compulsory Acquisition Compensation Claim (class 3) / Principal Judgment

Legal Issues

  1. 1 Appropriate market value for freehold interest in acquired property, with focus on value attributable to the hardstand area
  2. 2 Whether compensation for leasehold interest includes fit-out costs and rent differentials as disturbance losses
  3. 3 Extent of relocation costs properly claimable as disturbance

Ratio Decidendi

Market value of acquired property (and affected leasehold) should use upper expert value for hardstand, resolving doubt in favour of applicants; compensation for leasehold disturbance includes fit-out and reasonable rent differential costs as justified by facts and statutory provisions.

Court Disposition

Applicants awarded full claimed compensation in both proceedings; costs reserved.

Orders

  • Nohra proceeding: Compensation for compulsory acquisition of freehold interest set at $6,974,472.98 (plus statutory interest); costs reserved.
  • C&P proceeding: Compensation for compulsory acquisition of leasehold interest and disturbance losses set at $2,418,759.99 (plus statutory interest); costs reserved.