Marroun v Roads and Maritime Services

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Marroun v Roads and Maritime Services [2013] NSWCA 358

Hearing dates:

20 September 2013

Decision date:

30 October 2013

Before:

Basten JA at [1];
Gleeson JA at [5];
Tobias AJA at [6].

Decision:

Appeal dismissed with costs.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

APPEAL - appeal on a question of law - 'no evidence' ground - party bearing burden of proof cannot demonstrate error of law by asserting 'no evidence' justifying failure of judge to accept claim

LAND VALUATION - compulsory acquisition - determination of market value - whether primary judge erred in failing to take into account non-binding offer to purchase acquired land - whether premium should have been applied to market value due to existing development consent

Legislation Cited:

Land Acquisition (Just Terms Compensation) Act 1991, ss 54, 55, 56, 57, 59
Land and Environment Court Act 1979, s 57(1)

Cases Cited:

Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
Caruana v Port Macquarie-Hastings Council [2007] NSWLEC 109
Goold & Rootsey v Commonwealth of Australia (1993) 42 FCR 51
Leichhardt Council v Roads & Traffic Authority of NSW [2006] NSWCA 353; (2006) 149 LGERA 439
Maurici v Chief Commissioner of State Revenue [2003] HCA 8; 212 CLR 111
Mir Bros Unit Constructions Pty Ltd v Roads & Traffic Authority (NSW) [2006] NSWCA 314
Phillipou v Housing Commission of Victoria (1969) 18 LGRA 254
Warner v Ulysius International Trading Pty Ltd [2011] NSWSC 329; (2011) 91 IPR 570

Category:

Principal judgment

Parties:

Michael Marroun (First Appellant)
Kaokab Marroun (Second Appellant)
Roads and Maritime Services (Respondent)

Representation:

Counsel:
P Clay SC and V McWilliam (Appellants)
R Lancaster SC and N Eastman (Respondent)
Solicitors:
John B Hajje & Associates (First and Second Appellants)
Henry Davis York (Respondent)

File Number(s):

2012/301534

 Decision under appeal 

Citation:

Marroun v Roads and Maritime Services [2012] NSWLEC 199

Date of Decision:

2012-08-30 00:00:00

Before:

Sheahan J & Parker AC

File Number(s):

30983 of 2010

Judgment

1. BASTEN JA: I agree with Tobias AJA that the appeal in this matter must be dismissed and the appellants must pay the respondent's costs in this Court. The assessment of value of the acquired land was the result of an entirely conventional analysis of comparable sales, based on the expert valuers' evidence. That assessment was a matter of fact to be undertaken by the Court as a "judicial valuer" and was therefore largely immune from review on an appeal limited to a decision of the Court on a question of law: Land and Environment Court Act 1979 (NSW), s 57(1); see