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 CorporationFILE 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 2007LEGAL REPRESENTATIVES: APPLICANTS
Mr M Craig QC with Mr A Galasso
SOLICITORS
Mallesons Stephen JaquesRESPONDENT
Mr T Hale SC with Mr J Maston
SOLICITORS
Australian Government Solicitor
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESPain J
30 July 2007
JUDGMENT30966 of 2003 AMP Capital Investors Limited and Anor v Transport Infrastructure Development Corporation (No 2)
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.
- 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 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
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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