COMPULSORY ACQUISITION - portion of landholding acquired for WestConnex project - agreement on value of acquired land - no agreement on impact on value of residue land - consideration of impacts on residue land - overall negative impact on residue land - extent of impact on value determined - compensation to be ordered
MODEL LITIGANT POLICY - applicant complains respondent has not acted in accordance with its obligations imposed by the State’s Model Litigant Policy - not a matter for the Court - alternative avenues for complaint lie in the hands of the applicant
COMPULSORY ACQUISITION - claim for stamp duty for replacement property - Fitzpatrick basis for considered and rejected - consideration of decision in SNS - SNS provides no alternative basis for claim - stamp duty claim rejected
COMPULSORY ACQUISITION - claim for reimbursement for land tax - claim made as either part of market value or as a disturbance claim pursuant to s 59(1)(f) of the Land Acquisition (Just Terms Compensation) Act 1991 - neither statutory provision provides support for the claim - claim rejected
Case Details
Citation[2018] NSWLEC 52
CourtNSWLEC
JurisdictionNew South Wales
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