Leichhardt Council v Roads and Traffic Authority of New South Wales [2007] NSWCA 6 (9 February 2007)

Last Updated: 14 February 2007

NEW SOUTH WALES COURT OF APPEAL

CITATION: Leichhardt Council v Roads and Traffic Authority of New South Wales [2007] NSWCA 6


FILE NUMBER(S):
40166/2005

HEARING DATE(S): 20 October 2006

JUDGMENT DATE: 9 February 2007

PARTIES:
Leichhardt Council (Appellant)
Roads and Traffic Authority of New South Wales (Respondent)


JUDGMENT OF: Spigelman CJ Beazley JA Bryson JA Basten JA Campbell JA

LOWER COURT JURISDICTION: Land & Environment Court

LOWER COURT FILE NUMBER(S): 30318 of 2003

LOWER COURT JUDICIAL OFFICER: Lloyd J

LOWER COURT DATE OF DECISION: 4 March 2005

LOWER COURT MEDIUM NEUTRAL CITATION:
[2005] NSWLEC 86

COUNSEL:
T Robertson SC, L Goodchild (Appellant)
B Walker SC, A Galasso SC (Respondent)


SOLICITORS:
Margaret Lyons (Appellant)
Clayton Utz (Respondent)


CATCHWORDS:


LEGISLATION CITED:


CASES CITED:


DECISION:
The Court orders the amendment of orders 2 and 3 made by the Court in Leichhardt Council v Roads and Traffic Authority of New South Wales [2006] NSWCA 353, in order to apply that decision also to the residue land.


JUDGMENT:

- 2 -

IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

40166/2005

SPIGELMAN CJ

BEAZLEY JA

BRYSON JA

BASTEN JA

CAMPBELL J

Friday 9 February 2007

LEICHHARDT COUNCIL v ROADS AND TRAFFIC AUTHORITY OF NEW SOUTH WALES

Judgment

1 THE COURT: The Applicant seeks amendment via the slip rule of orders 2 and 3 made by the Court in Leichhardt Council v Roads and Traffic Authority (New South Wales) [2006] NSWCA 353. The Court decided that the valuation of the land should not include a discount on the basis of the land being classified as community land under the Local Government Act 1993. The Applicant points out that this decision applies equally to the residue land as to the acquired land. Orders 2 and 3, which set aside the judgement of the Land and Environment Court and remit the matter for redetermination, apply only to the assessment of the value of the acquired land. The orders do not explicitly apply the decision of the Court to the residue land. The proposed additions ensure that this occurs. The Opponent has agreed to the amendment of the orders as proposed by the Applicant.

2 The Court should order the amendment of orders 2 and 3, in accordance with the terms agreed by the parties. The amended orders would be:

2. Set aside the judgment of the Land and Environment Court delivered on 4 March 2005 to the extent that it assesses market value pursuant to s55(a) of the acquired land and injurious affection pursuant to s55(f) of the residue land.

3. Remit the matter to the Land and Environment Court for determination of the market value of the land and injurious affection of the residue land (being a 30% reduction of its value) without reduction on account of the statutory constraint on alienation of the land in the hands of the Appellant.

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LAST UPDATED: 13 February 2007