Recent Cases

Dibb v Transport for New South Wales [2024] NSWCA 157 (28 June 2024) (Payne, Kirk and Stern JJA)


Catchwords:


APPEALS – Further evidence – whether the appellants should be granted leave to rely upon further evidence on the appeal

VALUATION – Compulsory acquisition – market value – where freehold interest in land acquired by the respondent for Coffs Harbour Bypass Project – where appellants objected to compensation awarded by primary judge – whether primary judge erred in applying s 56 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) in determining market value of the acquired property

EVIDENCE – Witness evidence – adversarial bias – whether the evidence of the respondent’s hydrology and valuation expert witnesses should have been inadmissible due to adversarial bias

APPEALS – Procedural fairness – whether appellants denied procedural fairness by conduct of their case by counsel below – whether appellants denied procedural fairness by conduct of the Valuer Conclave – whether appellants denied procedural fairness by apprehended bias of the primary judge

EVIDENCE – Witness evidence – valuation experts – supervision of the expert valuation conclave

VALUATION – Valuer – comparable sales – where expert valuers disagreed as to location adjustment for Corindi Property – whether primary judge erred in accepting the respondent’s expert valuer’s location adjustment

VALUATION – Valuer – comparable sales – where comparable sale of Shepherds Lane Property relied on by appellants’ expert valuer – whether primary judge erred in disallowing Shepherds Lane Property as a comparable sale on the basis it was a compulsory acquisition

VALUATION – Compulsory acquisition – disturbance – where primary judge awarded compensation under s 59(1)(f) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) for stamp duty on a replacement property which was not for “relocation” – whether primary judge’s award for disturbance erroneous as a matter of legal principle in light of the Court of Appeal’s findings in Sydney Metro v G&J Drivas Pty Ltd [2024] NSWCA 5