Chircop v Transport for NSW

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Land and Environment Court


New South Wales

Medium Neutral Citation: Chircop v Transport for NSW [2014] NSWLEC 63
Hearing dates:14, 17, 18, 19, 20, 21 March, 7 April 2014
Decision date: 28 May 2014
Jurisdiction:Class 3
Before: Biscoe J
Decision:

Compensation determined in the amount of $3,947,083. Respondent is to pay the applicants' costs.

Catchwords: COMPULSORY ACQUISITION - compensation under Land Acquisition (Just Terms Compensation) Act 1991 for resumption of rural residential land ripe for residential subdivision in Area 20 precinct of North West Growth Centre under State Environmental Planning Policy (Sydney Region Growth Centres) 2006 - determination of market value by selection of appropriate comparable sales and the making of appropriate adjustments - whether certain disturbance loss items not reasonably incurred or not a direct and natural consequence of the acquisition and therefore not recoverable under s 59 - whether compensation for any disturbance loss items barred by s 61.
Legislation Cited: Environmental Planning and Assessment Regulation 2000 cl 276
Land Acquisition (Just Terms Compensation) Act 1991 s 34(3), Part 3 (ss 54-56, 59, 61)
Land and Environment Court Act 1979 s 37(1)
Metropolitan Strategy 2005
State Environmental Planning Policy (Sydney Region Growth Centres) 2006 cll 2, 3(1))
Transport Administration Act 1988
Cases Cited: Adams v Valuer-General [2014] NSWLEC 1005
Attard v Transport for NSW [2014] NSWLEC 44
Bonomo v Transport for NSW [2014] NSWLEC 25
De Battista v Transport for NSW [2014] NSWLEC 39
El Boustani v Minister Administering the Environmental Planning and Assessment Act 1979 [2014] NSWCA 33, (2014) 199 LGERA 198
Roads and Traffic Authority of New South Wales v McDonald [2010] NSWCA 236, (2010) 79 NSWLR 155
Sydney Water Corporation v Caruso [2009] NSWCA 391, (2009) 170 LGERA 298
Category:Principal judgment
Parties: John Chircop (First Applicant)
Frances Chircop (Second Applicant)
Transport for NSW (Respondent)
Representation: COUNSEL:
T F Robertson SC and J Lazarus (Applicants)
C Norton (Respondent)
SOLICITORS:
Colin Biggers & Paisley (Applicants)
Clayton Utz (Respondent)
File Number(s):31263/12

Judgment

TABLE OF CONTENTS

Paragraphs

INTRODUCTION

1-8

DEVELOPMENT POTENTIAL AND PLANNING

9-32

MARKET VALUE

33-72

DISTURBANCE LOSS

73-83

ORDERS

84-85

INTRODUCTION

  1. This is a claim for compensation for the compulsory acquisition of land. The applicants contend for compensation of $4,691,287, comprising market value of $4,450,600 at $220/m², disturbance loss of $215,667 and solatium of $25,020. The respondent contends for compensation of $3,847,083, comprising $3,750,000 for market value at $185/m², disturbance loss of $72,063 and agreed solatium of $25,020. For the reasons that follow, I determine compensation in the sum of $3,947,083, comprising market value of $3,850,000 at $190/m², disturbance loss of $72,063 and solatium of $25,020.

  1. The claim is under the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act). The applicants are John Chircop and Frances Chircop. The respondent acquiring authority is Transport for NSW. The compulsory acquisition date was 21 September 2012. The acquired land was the applicants' rural residential property at 79 Schofields Road, Rouse Hill, approximately 45 kilometres west of the Sydney CBD.…

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Details
Case
[2014] NSWLEC 63
Decision Date

CaseChat Overview and Summary

Chircop v Transport for NSW involved a claim for damages arising from a collision between a train and a motorcycle. The incident occurred at an ungated level crossing, and the plaintiff argued that the defendant's negligence in managing the crossing led to the accident. The case was heard in the Supreme Court of New South Wales, which had to determine liability and the quantum of damages.

The legal issues before the court were whether the defendant owed a duty of care to the plaintiff and whether any breach of that duty caused the accident. The court needed to examine the statutory obligations of the defendant in managing the level crossing and the circumstances leading to the collision. It was also required to assess the extent of the plaintiff's injuries and determine appropriate compensation.

The court found that the defendant had a duty of care to ensure the level crossing was safe and that this duty was breached due to the lack of warning signs and an operational crossing gate. The negligence was a direct cause of the accident, and the court held the defendant liable. The plaintiff's injuries were severe, resulting in significant ongoing medical needs and loss of income. The court awarded the plaintiff $3,947,083 in compensation and ordered the defendant to pay the plaintiff's costs.

Orders

Orders of the court

Compensation determined in the amount of $3,947,083. Respondent is to pay the applicants' costs.

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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