Dibb v Transport for New South Wales

• 1. Valuation
  2. › Compulsory acquisition
  3. › Market value
  4. › Spencer test
  5. › Whether primary judge erred in applying s 56 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) by not considering perspective of both hypothetical seller and buyer
  6. › Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 55, 56
• 1. Valuation
  2. › Compulsory acquisition
  3. › Market value
  4. › Highest and best use
  5. › Whether primary judge failed to determine potentiality of land for highest and best use
  6. › Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s 56
• 1. Valuation
  2. › Compulsory acquisition
  3. › Comparable sales
  4. › Compulsorily acquired properties as comparables
  5. › Whether primary judge erred in declining to give weight to comparable sale that was a compulsory acquisition where no evidence of negotiation
• 1. Valuation
  2. › Compulsory acquisition
  3. › Comparable sales
  4. › Location adjustment
  5. › Whether disagreement with adjustment to comparable property raises question of law
  6. › Land and Environment Court Act 1979 (NSW), s 57(1)

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