Recent Cases

Barkat v Roads and Maritime Services [2019] NSWCA 240 (11 October 2019) (Leeming JA at [1]; Emmett AJA at [2]; Simpson AJA at [94])


LAND LAW – Compulsory acquisition of land – Compensation – Objection to amount of compensation

APPEALS – Right of appeal conferred by s 57 of the Land and Environment Court Act 1979 (NSW) limited to questions of law – Whether adjustments made by primary judge when considering comparable sale constitute errors of law – Whether primary judge erred in concluding acquisition of appellants’ land was for a purpose intrinsically connected with the draft Parramatta Road Urban Transformation Strategy (PRUTS) – Whether primary judge erred in disregarding prospect of rezoning the appellants’ land apart from the draft PRUTS

APPEALS – General principles – Admission of fresh evidence