New South Wales Consolidated Acts

LUNA PARK SITE ACT 1990 - SECT 11

11 Assessment of compensation

(1) The maximum amount of compensation that the lessee is entitled to receive (apart from any compensation determined under section 14) is the market value, immediately before 6 June 1990, of the estate or interest under the Luna Park lease of the lessee.

(2) In assessing the amount of any such compensation, the arbitrator is required to have regard to the following matters in relation to the Luna Park lease:

(a) whether or not the lease had been determined (by forfeiture or otherwise) before, on or after 6 June 1990,

(b) if the lease had been so determined, whether there was any entitlement of the lessee to relief against the determination of the lease,

(c) if the lease had not been so determined, whether or not the lease was capable of being determined (by forfeiture or otherwise) at any time before, on or after 6 June 1990,

(d) any outstanding liability under the lease of the lessee to the lessor,

(e) any liability in damages in relation to the lease of the lessee to the lessor,

(f) the cost of carrying out any work which the lessee may, had the lessee continued to occupy the land comprising the Luna Park site for the balance of the term of the lease, have been required to carry out under the lease or any law,

(g) any reduction required to be made under section 14 (5) to the amount of any compensation,

(h) any other matter the arbitrator considers relevant.

(3) If the arbitrator finds that the Luna Park lease had been or was capable of being determined (by forfeiture or otherwise) before, on or after 6 June 1990 and that the lessee had no entitlement to relief against determination of the lease, no compensation is payable under this Act to the lessee.