Davies v Sydney Water Corporation (No 2)

The matter before the court involved Mr. and Mrs. Davies, who objected to the compensation offered by the Sydney Water Corporation following the acquisition of part of their land. The case was heard in the Land and Environment Court of New South Wales. The primary issue before the court was to determine the appropriate compensation for the acquisition of Lot 1, which included resolving discrepancies in the valuation of different areas within Lot 57 and finalizing agreements regarding easements or restrictions pertaining to services used by Mr. and Mrs. Davies, which were located within the acquired land.

The court had to address the discrepancies in the valuation of the acquired land, specifically the different areas within Lot 57 that were to be valued separately based on their respective zoning. After the initial judgment, the parties reached an agreement on the areas and values to be applied, which allowed the court to calculate the market value of Lot 1. Additionally, the court needed to finalize the details of the agreements between the parties regarding the easements and restrictions on the services located within the acquired land.

The court resolved the discrepancies by adopting the agreed areas and rates per square metre, resulting in a determined market value of $1,111,540 for the acquired land. Disturbance loss was agreed at $50,000, bringing the total compensation to $1,161,540. The court also finalized the details of the agreements on easements and restrictions, as per the parties' resolution. Consequently, the court ordered the Sydney Water Corporation to pay the Davieses the total compensation of $1,161,540, along with interest as per the Just Terms Compensation Act.