Recent Cases

Coffs Harbour City Council v Noubia Pty Ltd [2024] NSWCA 19 (12 February 2024) (Payne and Kirk JJA, Preston CJ of LEC)


Catchwords:


VALUATION OF LAND – Compulsory acquisition – land transferred to public authority as condition of development consent – Compensation – land valued according to principles of compulsory acquisition – Construction of s 56(1)(a) of Land Acquisition (Just Terms Compensation) Act 1991 (NSW) – Determination of market value – decrease in land value attributed to public purpose – Statutory disregard – Identification of public purpose

CAUSATION – whether public purpose caused decrease in land’s value – where owners sought and obtained development consent – whether owners proved a decrease in value of land by comparison with hypothetical use which would have occurred but for public purpose