Minister for Education and Training v Tanner

(2003) 128 LGERA 281; [2003] NSWCA 164

NSW Court of Appeal

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Interrogate

Catchwords

1. Resumption or Acquisition of Land
2. › Compensation
3. › Assessment and related matters
4. › Interest in land
5. › Right of access to highway
6. › Whether right of access constitutes 'interest' in land within s 4 of the Land Acquisition (Just Terms Compensation) Act 1991
7. › Whether compensation payable where claimant's own land not acquired
8. › Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 3(1)(b), 4, 37
9. › Roads Act 1993 (NSW), ss 5, 6, 41
1. Real Property
2. › Rights incidental to ownership
3. › Right of access to adjoining highway
4. › Nature of right as proprietary or quasi-proprietary
5. › Common law right of owner of land adjoining highway to access the highway

Quick Take

The right of access enjoyed by the owner of land adjoining a public road is an 'interest' in land within s 4 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW), entitling the owner to compensation under s 37 when that right is extinguished by compulsory acquisition of the road land, even though no land of the claimant was acquired. The Hornsby Council limitation of 'interest' to jura in re aliena should not be treated as a substitute for the statutory language.