Hill v Blacktown City Council and Anor [2008] NSWLEC 249

Only compensation matters specified in the deed (market value and disturbance) are affected by the deed; all other bases for compensation under the Just Terms Act remain available to the applicant.

Jurisdiction: Australia
Judgment Date: 19 August 2008
Procedural Posture: S 96 AA Appeal Under the Environmental Planning and Assessment Act 1979 / Clarification of Final Orders Following Substantive Judgment
Outcome: Clarification and making of final orders with amended deed condition regarding compensation.
Legal Topics: ['practice and Procedure' 'final Orders' 'compensation Under Land Acquisition (just Terms Compensation) Act 1991']

['environmental Law' 'land Acquisition'] ['practice and Procedure' 'final Orders' 'compensation Under Land Acquisition (just Terms Compensation) Act 1991']

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Procedural Posture

S 96 AA Appeal Under the Environmental Planning and Assessment Act 1979 / Clarification of Final Orders Following Substantive Judgment

Legal Issues

1 ['Clarification of the effect of amended condition relating to compensation under the Land Acquisition (Just Terms Compensation) Act 1991 in deed between applicant and Minister']

Ratio Decidendi

Only compensation matters specified in the deed (market value and disturbance) are affected by the deed; all other bases for compensation under the Just Terms Act remain available to the applicant.

Court Disposition

Clarification and making of final orders with amended deed condition regarding compensation.

Orders

['Final orders as filed by the parties dated 19 August 2008 with the amended par (f) are made.']