Land and Environment Court
of New South Wales
CITATION: Polegato & Anor v. Griffith City Council [1988] NSWLEC 162 PARTIES: APPLICANTS
RESPONDENT
Giuseppe Polegato and Margaret Rose Polegato
Griffith City CouncilFILE NUMBER(S): 30363 of 1981 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Local Government Act, (incorporating section 124 of the Public Works Act)
Public Works ActCASES CITED: Supreme Court of New Zealand in Russell v. The Minister of Lands;
Stebbing v. Metropolitan Board of Works;
Russell v. The Minister of Lands ;
Moreton Club v. The Commonwealth ((1948);
Spencer v. The Commonwealth ((l907);
Wilson and the State Electricity Commission of Victoria (1921) ;
Pastoral Finance Association v. The Minister ((1914);
Commonwealth v. Reeve ((1948) ;
Kennedy Street Pty. Ltd. v. The Minister ((l963);
Chapman v. The Minister ((1966) ;
Arkaba Holdings Ltd. v. Commissioner of Highways (1969);
Commissioner of Highways v. Tynan ((1982);
Turner v. Minister of Public Instruction (1956);
Haddad v. The Minister (Unreported 27 July 1987);
Dangerfield v. Town of St. Peters (1972) ;
Bronzel v. State Planning Authority (1979);
Latimer v. North Coast National Agricultural Industrial Society (1938);
Baringa v. Manly Municipal Council (1965) ;
Castle Hill Brick Tile & Pottery Works v. Baulkham Hills Shire Council (1961)DATES OF HEARING: DATE OF JUDGMENT:
03/10/1988LEGAL REPRESENTATIVES:
APPLICANT
Mr. Milne
RESPONDENT
Mr. Giles
JUDGMENT:
HIS HONOUR: This is a claim for compensation by Giuseppe Polegato and his wife Margaret Rose Polegato by virtue of section 536C of the Local Government Act, (incorporating section 124 of the Public Works Act), following the resumption of their land described as allotment 8, section 6, No. 4 Yambil Street, Griffith. The resumption was notified in the Government Gazette on 24 October 1980.
The principal disputes between the parties relate to the applicants' claim for special value and/or disturbance as well as a claim for consequential losses. There is a relatively small discrepancy between the respective valuers for the parties on the issue of the market value of the land.
Because of the manner in which the applicants present their claim for special value and disturbance it is necessary to relate the facts in some detail.
By contract dated 25 February l976 the applicants agreed to purchase the subject land for $24,000. The land was vacant apart from 2 old sheds. The land has a frontage to Yambil Street of l8.29m and a depth to Banna Lane of 60.96m. The area of the land is lll3m2. The settlement of the purchase was effected on 24 April 1976. The intention of the applicants was to construct shops and residential flats on the land. The applicants had previous experience with similar developments in the Griffith township. On 4 May 1976 the Council granted development approval to the applicants for the erection of 2 shops and 18 residential flats on the land and on 6 July 1976 a building permit was issued. However, following discussions with a Council officer, amended building plans were lodged which reduced the number of flats by two…
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- Case
- [1988] NSWLEC 162
- Decision Date
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