Under s 88K(4) of the Conveyancing Act 1919 (NSW), 'special circumstances' need not be identified as factually 'out of the ordinary' before assessing whether they justify dispensing with compensation; circumstances are only relevantly 'special' if they arguably justify a conclusion that compensation is not payable. The onus lies on the party seeking to avoid compensation. Where frontagers consented unconditionally to a road closure that landlocked their properties, the subsequent failure of the contemplated development does not constitute special circumstances justifying the grant of easements without compensation, particularly where the Council has a public duty to obtain the best price for its assets.
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