Alexandria Landfill Pty Ltd v Transport for NSW

Alexandria Landfill Pty Ltd appealed to the Court of Appeal of New South Wales against decisions of the Land and Environment Court concerning the compulsory acquisition of land by Transport for NSW. The dispute centred on the assessment of compensation payable to Alexandria Landfill, with allegations raised regarding a constructive failure to exercise jurisdiction and the inadequacy of the reasons provided by the primary judge.

The Court of Appeal was required to determine whether the primary judge had provided reasons that met the minimum acceptable standard, particularly in light of a complex discounted cash flow exercise conducted during a protracted hearing. Further issues included whether the judge had demonstrated an apprehension of bias by expressing a preference for one expert over another based on material not in evidence, and whether the compensation awarded adequately reflected the provisions of the *Land Acquisition (Just Terms Compensation) Act* concerning disturbance and special value, specifically in relation to "other financial costs" and the claimant's actual use of the land.

The Court found that the primary judge's preference for one expert was properly based on the evidence presented. It also held that an apprehension of bias could not be established solely by reference to the outcome of the case and the reasons for judgment, as this represented an impermissible approach. Regarding compensation, the Court concluded that Alexandria Landfill had failed to establish a relevant use of the land or an agency relationship, which were prerequisites for claiming compensation for disturbance under s 59(f) and for special value under s 57 of the *Land Acquisition (Just Terms Compensation) Act*. The appeal was therefore dismissed.

The appeal was dismissed with costs.