Cudgegong Australia Pty Ltd v Transport for NSW

Cudgegong Australia Pty Ltd brought an application against Transport for NSW seeking compensation for the acquisition of certain land. The dispute was heard and determined in the Supreme Court of New South Wales. The Applicant sought compensation under the Land Acquisition (Just Terms Compensation) Act 1991 for the compulsory acquisition of its land by the First Respondent. The core legal issue before the Court was the calculation and quantum of the compensation payable to the Applicant.

The Court undertook a detailed analysis of the evidence presented by both parties and considered the provisions of the relevant legislation. The Court was satisfied that the Applicant had met its burden of proof in establishing the value of the land and the consequential entitlement to compensation. The Court calculated the compensation based on the unimproved value of the land and took into account the relevant factors prescribed by the Act. The Court found that the Applicant was entitled to the sum of $757,300 as just compensation for the acquisition of the land. The Court ordered that this sum be paid by the First Respondent within 14 days. The Court reserved the question of costs.