Michele Melino and three others in their capacity as executors of the Estate of the late Costanzo Melino v Roads and Maritime Services

[2017] NSWLEC 118

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. RESUMPTION COMPENSATION - injurious affection - consideration of the extent of injurious affection to the western element of the landholding if it should be regarded as adjoining the eastern element for statutory purposes - competing evidence of the valuers - evidence of the respondent’s valuer to be preferred - no injurious affection to the western element of the landholding
1. RESUMPTION COMPENSATION - claim for compensation to permit construction of a new dwelling, new cattle yards and new Colorbond shed - proposed structures to replace those acquired by the respondent and demolished as part of the compulsory acquisition - compensation for acquired land included full value compensation for fixtures acquired and demolished - no basis for claim - claim rejected
1. RESUMPTION COMPENSATION - claim for provision of services and improved access to proposed new dwelling and constructed replacement Colorbond shed - provision of services and access necessary as a consequence of the need to relocate dwelling and farm management facilities as a consequence of the acquisition - compensation properly claimable under the statutory disturbance provisions - claim allowed
1. RESUMPTION COMPENSATION - separate basis for consideration of improved access to Colorbond shed for farm management purposes - claim for access maintainable on a separate basis