Roads and Maritime Services v United Petroleum Pty Ltd

(2019) 99 NSWLR 279; [2019] NSWCA 41

NSW Court of Appeal

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Interrogate

Catchwords

1. Land Law
2. › Compulsory acquisition
3. › Compensation
4. › Loss attributable to disturbance
5. › Meaning of 'any other financial costs' in s 59(f)
6. › Whether loss of ongoing business profits compensable as disturbance
7. › Whether interest in land terminable on one month's notice limits compensation
8. › Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 55(d), 59(f)
1. Land Law
2. › Compulsory acquisition
3. › Compensation
4. › Loss attributable to disturbance
5. › Relationship between market value and disturbance claims
6. › Whether loss of business profits is recharacterisation of market value
7. › Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 55(a), 55(d), 56, 59(f)
1. Land Law
2. › Compulsory acquisition
3. › Compensation
4. › Loss attributable to disturbance
5. › Occupation fee paid to acquiring authority under s 34
6. › Whether difference between occupation fee and prior rent compensable as disturbance
7. › Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 34, 59(f)
1. Costs
2. › Compulsory acquisition proceedings
3. › Claimant successful at trial but unsuccessful on appeal
4. › Whether claimant acting reasonably should retain costs of trial
5. › Dillon v Gosford City Council [2011] NSWCA 328 applied

Quick Take

Practitioners advising lessees with terminable interests in compulsorily acquired land can no longer rely on George D Angus to claim compensation for lost future business profits as disturbance under s 59(f); compensation for disturbance is limited by the nature and duration of the interest in land held at the date of acquisition.