David Fox v Planning Ministerial Corporation

[2023] NSWLEC 109

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. Valuation
2. › contingent R3 valuation undertaken as a precaution if B1 Neighbourhood Centre incorrect underlying zoning
3. › comparable sales method appropriate basis for valuation assessment
4. › expert valuers consider multiple potential comparable sales
5. › consideration of whether sales were truly comparable
6. › only one sale truly comparable
7. › analysis and adjustment of comparable sale results in valuation of acquired property on R3 underlying zoning basis of $17,200,000
1. Disbursements
2. › dispute as to limited range of disbursements made in support of preparation of Applicants case
3. › disbursements made for the purposes of enabling legal advice to be given to the Applicants
4. › disbursements to be reimbursed pursuant to s59(1)(a) of the Land Acquisition (Just Terms Compensation) Act 1991
1. Costs
2. › consideration of costs entitlement of dispossessed owners
3. › dispossessed owners’ case not advanced unreasonably or in a fashion causing unnecessary expense
4. › dispossessed owners entitled to costs, even if resultant B1 development less than Valuer General's determination