Carlewie Pty Ltd v Roads and Maritime Services

Carlewie Pty Ltd challenged the compensation awarded by the Roads and Maritime Services for the compulsory acquisition of their property in St Peters. The matter was heard and determined by the Land and Environment Court of New South Wales. The Applicant sought an assessment of the just terms compensation under the Land Acquisition (Just Terms Compensation) Act 1991, for the land acquired on 3 July 2015. The legal issues centred on the appropriate valuation method and factors to consider in determining the just terms compensation for the acquired land. The Applicant argued that the valuation should include the cost to reproduce the improvements on the land, while the Respondent contended that the valuation should be based on the market value of the land and improvements as at the date of acquisition.

The Court held that the cost to reproduce method was not appropriate in this case, as it did not reflect the true value of the land and improvements. Instead, the Court considered the market value of the land and improvements as at the date of acquisition, taking into account relevant factors such as the nature and use of the land, the market conditions, and the evidence provided by both parties. The Court determined that the just terms compensation should be $23,277,688.96, which reflected the market value of the land and improvements on the date of acquisition. The Court also noted that the Applicant's argument regarding the cost to reproduce method was not supported by the evidence and did not align with the principles of just terms compensation. The Court reserved costs and allowed the exhibits to be returned.