AMP Capital Investors Limited and Anor v Transport Infrastructure Development Corporation (No 2)

Case [2007] NSWLEC 465



Land and Environment Court


of New South Wales


CITATION: AMP Capital Investors Limited and Anor v Transport Infrastructure Development Corporation (No 2) [2007] NSWLEC 465
PARTIES: APPLICANTS
AMP Capital Investors Limited
AMP Macquarie Pty Limited
RESPONDENT
Transport Infrastructure Development Corporation
FILE NUMBER(S): 30966 of 2003
CORAM: Pain J
KEY ISSUES: Compulsory Acquisition of Land :- final orders made
CASES CITED: AMP Capital Investors Limited and Anor v Transport Infrastructure Development Corporation [2007] NSWLEC 397
 
DATE OF JUDGMENT: 

30 July 2007
LEGAL REPRESENTATIVES:

APPLICANTS
Mr M Craig QC with Mr A Galasso
SOLICITORS
Mallesons Stephen Jaques

RESPONDENT
Mr T Hale SC with Mr J Maston
SOLICITORS
Australian Government Solicitor



JUDGMENT:

      THE LAND AND
      ENVIRONMENT COURT
      OF NEW SOUTH WALES

      Pain J

      30 July 2007

      30966 of 2003 AMP Capital Investors Limited and Anor v Transport Infrastructure Development Corporation (No 2)

      JUDGMENT

1 Her Honour: I handed down my decision in AMP Capital Investors Limited and Anor v Transport Infrastructure Development Corporation [2007] NSWLEC 397 on 2 July 2007 in which I determined an approximate amount for market value only. I asked the parties to confer and agree on an amount for market value which has now been done. The agreed figure is $1,115,000. For the reasons stated in my earlier judgment no compensation is payable to AMP.

2 I therefore issue final orders in this matter as follows:


1. The Court determines the amount of compensation to which the Applicant is entitled under Part 3 of the Land Acquisition (Just Terms Compensation) Act 1991 as nil.


2. Costs are reserved.


3. The exhibits are to be returned.


Details
AGLC
AMP Capital Investors Limited v Transport Infrastructure Development Corporation (No 2) [2007] NSWLEC 465
Case
[2007] NSWLEC 465
Decision Date

CaseChat Overview and Summary

The Land and Environment Court of New South Wales delivered a judgment in the case of AMP Capital Investors Limited and Another v Transport Infrastructure Development Corporation (No 2). The primary dispute was regarding the compulsory acquisition of land by the Transport Infrastructure Development Corporation. The applicants in the case were AMP Capital Investors Limited and AMP Macquarie Pty Limited, while the respondent was the Transport Infrastructure Development Corporation. The case number assigned was 30966 of 2003, and it was presided over by Pain J.

The legal issues that the court had to address were the determination of the compensation payable to the applicants under the Land Acquisition (Just Terms Compensation) Act 1991. The applicants sought compensation for the compulsory acquisition of their land by the respondent. The court was required to consider the market value of the land in question and whether the applicants were entitled to any compensation under the Act. The case was a follow-up to an earlier decision by the court, AMP Capital Investors Limited and Anor v Transport Infrastructure Development Corporation [2007] NSWLEC 397, where the court had determined an approximate amount for market value only.

The court's reasoning in this matter was based on the earlier judgment, where the court had already determined the approximate amount for market value of the land. The court had asked the parties to confer and agree on an amount for market value, which they had done, settling on $1,115,000. The court found that no compensation was payable to the applicants based on the reasons stated in the earlier judgment. Consequently, the court issued final orders in the matter, determining the amount of compensation to which the applicants were entitled as nil. The court also reserved costs and ordered the return of exhibits.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.