Recent Cases

Sydney Metro v G & J Drivas Pty Ltd [2024] NSWCA 5 (01 February 2024) (Payne and Kirk JJA, Griffiths AJA)


Catchwords:


COMPULSORY ACQUISITION — Compulsory acquisition of land — Compensation — Construction of s 56(1)(a) of Land Acquisition (Just Terms Compensation) Act 1991 (NSW) — Determination of market value — Decrease in land value claimed to be caused by public purpose — Statutory disregard — Owners advised of acquisition 17 months prior to acquisition and slowed then stopped development work — Issue of causation to be understood in statutory context — Strain on causal attribution where choices made by owners — Causal issue is re effects of public purpose not of acquisition — Potential for windfall to owners — Effects on value caused only by choices by owners because of possibility of the land being acquired not within s 56(1)(a)

COMPULSORY ACQUISITION — Compensation — Disturbance — Construction of s 59(1)(f) of Land Acquisition (Just Terms Compensation) Act 1991 (NSW) — Stamp duty and mortgage costs only claimable as disturbance under ss 59(1)(d) and (e)