Blacktown Council v Fitzpatrick Investments

Blacktown Council appealed to the Court of Appeal of New South Wales against a decision of the Land and Environment Court that awarded compensation to Fitzpatrick Investments for the compulsory acquisition of land. The dispute concerned the quantum of compensation payable, specifically the inclusion of an amount for disturbance.

The primary legal issue before the Court of Appeal was whether the Land and Environment Court erred in law by including an amount for disturbance in its assessment of compensation. This involved considering the principles governing the assessment of compensation for the compulsory acquisition of land under the relevant legislation, and in particular, the circumstances under which a claim for disturbance might be allowed.

The Court of Appeal, in dismissing the appeal, affirmed the principles that compensation for compulsory acquisition should place the owner in the same position as if the land had not been acquired. It was held that disturbance, which encompasses losses arising from the compulsory nature of the acquisition beyond the mere value of the land itself, is a compensable head of damage. The Court found no error in the Land and Environment Court's assessment, concluding that the evidence supported the inclusion of an amount for disturbance, as the acquisition had caused the owner to incur costs and losses that were a direct consequence of the resumption.

The appeal was dismissed with costs.