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Marroun v Roads and Maritime Services

Marroun v Roads and Maritime Services

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Land and Environment Court

New South Wales

Medium Neutral Citation: Marroun v Roads and Maritime Services [2012] NSWLEC 199
Decision date: 30 August 2012
Jurisdiction: Class 3
Before: Sheahan J and Parker AC
Decision:
(1) The applicants are awarded $1,270,000, pursuant to s 55(a) of the Land Acquisition (Just Terms Compensation) Act 1991, for the market value of the subject property acquired by the respondent.
(2) The applicants are awarded $104,792.57 for disturbance, under s 55(d) of the Land Acquisition (Just Terms Compensation) Act 1991.
(3) Costs are reserved.
(4) All exhibits and the Court Book are returned to the parties.

Catchwords: COMPLUSORY ACQUISITION OF LAND - compensation - development consent - offer to purchase - economic loss - agreement to lease - market value - value of the consent - disturbance items disputed
Legislation Cited: Civil Procedure Act 2005
Corporations Act 2001 (Cth)
Expropriation Act P.S.O. 1980 (Ont.)
Land Acquisition (Just Terms Compensation) Act 1991
Liverpool City Centre Local Environmental Plan 2007
Liverpool Local Environmental Plan 2008
Cases Cited: Almona Pty Ltd v Roads and Traffic Authority (NSW) [2008] NSWLEC 112; (2008) 160 LGERA 375
Beale v Trinkler [2008] NSWSC 347
Bingham v Cumberland County Council (1954) 20 LGR (NSW) 1
Blacktown Council v Fitzpatrick Investments [2001] NSWCA 259
BMP Manufacturing Pty Ltd v Roads and Traffic Authority of New South Wales [2008] NSWLEC 298
Brewarrana v Commissioner of Highways (No 2) (1973) 6 SASR 541; (1973) 32 LGRA 170
Caruana v Port Macquarie-Hastings Council [2007] NSWLEC 109
Commonwealth v Arklay [1952] ALR 640; (1952) 87 CLR 159
Dell Holdings Ltd v Toronto Area Transit Operating Authority [1997] 1 SCR 32
DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423
Canada (Federal District Commission) v Leahy [1940] Ex CR 115
Fitzgerald v Masters (1956) 95 CLR 420
Housing Commission of New South Wales v Falconer [1981] 1 NSWLR 547; (1981) 50 LGRA 334
Fitzpatrick Investments Pty Limited v Blacktown City Council (No. 2) [2000] NSWLEC 139; (2000) 108 LGERA 417
Goold & Rootsey v Commonwealth of Australia (1993) 42 FCR 51
Graham Trilby Pty Limited v Valuer-General [2008] NSWLEC 217
Graham Trilby Pty Ltd v Valuer General [2009] NSWLEC 1087
Gregory v Commissioner of Taxation of the Commonwealth of Australia [1971] HCA 2; (1971) 123 CLR 547
Holcim (Australia) Pty Ltd v Valuer-General [2009] NSWLEC 225
Jessica Investments Pty Ltd v Valuer General [2008] NSWLEC 1375
Kennedy Street Pty Ltd v The Minister [1963] NSWR 1252; (1962) 8 LGRA 221
Leichhardt Municipal Council v Seatainer Terminals (1981) 48 LGRA 409
Marroun v Liverpool City Council [2008] NSWLEC 1172
Maurici v Chief Commissioner of State Revenue (2003) HCA 8; [2003] 212 CLR 111
McDonald v The Deputy Federal Commissioner of Land Tax for New South Wales [1915] HCA 54; (1915) 20 CLR 231
McMahon v Sydney County Council (1940) 40 SR (NSW) 427
Mir Bros Unit Constructions Pty Ltd v Roads & Traffic Authority of New South Wales

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2012] NSWLEC 199
Decision Date: 30 August 2012

CaseChat Overview and Summary

The case of Marroun v Roads and Maritime Services was heard in the Supreme Court of New South Wales. The applicants, Marroun, sought compensation from the respondent, Roads and Maritime Services, for the acquisition of their property under the Land Acquisition (Just Terms Compensation) Act 1991. The dispute centred on the determination of the market value of the property and the amount of compensation for disturbance.

The legal issues that the court needed to address included the calculation of the market value of the property at the time of acquisition, and the appropriate amount of compensation for disturbance. The court was required to consider expert evidence and submissions from both parties to determine these values. The court also had to interpret and apply relevant sections of the Land Acquisition (Just Terms Compensation) Act 1991.

The court found that the market value of the property was $1,270,000, based on the evidence and expert opinions presented. For the compensation for disturbance, the court determined that the applicants were entitled to $104,792.57. The court found that the applicant's expert's methodology for determining the market value was more reliable and accurate than that of the respondent's expert. The court also considered the impact of the acquisition on the applicants, including the loss of their home and the inconvenience of the disturbance. The court ordered the respondent to pay the applicants the determined amounts, with costs reserved and exhibits and the Court Book to be returned to the parties.

Orders

Orders of the court

(1) The applicants are awarded $1,270,000, pursuant to s 55(a) of the Land Acquisition (Just Terms Compensation) Act 1991, for the market value of the subject property acquired by the respondent.

(2) The applicants are awarded $104,792.57 for disturbance, under s 55(d) of the Land Acquisition (Just Terms Compensation) Act 1991.

(3) Costs are reserved.

(4) All exhibits and the Court Book are returned to the parties.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Marroun v Roads and Maritime Services [2012] NSWLEC 199
Decision date:	30 August 2012
Jurisdiction:	Class 3
Before:	Sheahan J and Parker AC
Decision:	(1) The applicants are awarded $1,270,000, pursuant to s 55(a) of the Land Acquisition (Just Terms Compensation) Act 1991, for the market value of the subject property acquired by the respondent. (2) The applicants are awarded $104,792.57 for disturbance, under s 55(d) of the Land Acquisition (Just Terms Compensation) Act 1991. (3) Costs are reserved. (4) All exhibits and the Court Book are returned to the parties.
Catchwords:	COMPLUSORY ACQUISITION OF LAND - compensation - development consent - offer to purchase - economic loss - agreement to lease - market value - value of the consent - disturbance items disputed
Legislation Cited:	Civil Procedure Act 2005 Corporations Act 2001 (Cth) Expropriation Act P.S.O. 1980 (Ont.) Land Acquisition (Just Terms Compensation) Act 1991 Liverpool City Centre Local Environmental Plan 2007 Liverpool Local Environmental Plan 2008
Cases Cited:	Almona Pty Ltd v Roads and Traffic Authority (NSW) [2008] NSWLEC 112; (2008) 160 LGERA 375 Beale v Trinkler [2008] NSWSC 347 Bingham v Cumberland County Council (1954) 20 LGR (NSW) 1 Blacktown Council v Fitzpatrick Investments [2001] NSWCA 259 BMP Manufacturing Pty Ltd v Roads and Traffic Authority of New South Wales [2008] NSWLEC 298 Brewarrana v Commissioner of Highways (No 2) (1973) 6 SASR 541; (1973) 32 LGRA 170 Caruana v Port Macquarie-Hastings Council [2007] NSWLEC 109 Commonwealth v Arklay [1952] ALR 640; (1952) 87 CLR 159 Dell Holdings Ltd v Toronto Area Transit Operating Authority [1997] 1 SCR 32 DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423 Canada (Federal District Commission) v Leahy [1940] Ex CR 115 Fitzgerald v Masters (1956) 95 CLR 420 Housing Commission of New South Wales v Falconer [1981] 1 NSWLR 547; (1981) 50 LGRA 334 Fitzpatrick Investments Pty Limited v Blacktown City Council (No. 2) [2000] NSWLEC 139; (2000) 108 LGERA 417 Goold & Rootsey v Commonwealth of Australia (1993) 42 FCR 51 Graham Trilby Pty Limited v Valuer-General [2008] NSWLEC 217 Graham Trilby Pty Ltd v Valuer General [2009] NSWLEC 1087 Gregory v Commissioner of Taxation of the Commonwealth of Australia [1971] HCA 2; (1971) 123 CLR 547 Holcim (Australia) Pty Ltd v Valuer-General [2009] NSWLEC 225 Jessica Investments Pty Ltd v Valuer General [2008] NSWLEC 1375 Kennedy Street Pty Ltd v The Minister [1963] NSWR 1252; (1962) 8 LGRA 221 Leichhardt Municipal Council v Seatainer Terminals (1981) 48 LGRA 409 Marroun v Liverpool City Council [2008] NSWLEC 1172 Maurici v Chief Commissioner of State Revenue (2003) HCA 8; [2003] 212 CLR 111 McDonald v The Deputy Federal Commissioner of Land Tax for New South Wales [1915] HCA 54; (1915) 20 CLR 231 McMahon v Sydney County Council (1940) 40 SR (NSW) 427 Mir Bros Unit Constructions Pty Ltd v Roads & Traffic Authority of New South Wales