Roads and Traffic Authority (NSW) v Collex Pty Ltd

The case of *Roads and Traffic Authority (NSW) v Collex Pty Ltd* concerned an appeal to the Court of Appeal of New South Wales regarding the assessment of compensation for the compulsory acquisition of land. The appellant, the Roads and Traffic Authority (RTA), sought to appeal a decision of the primary judge who had awarded compensation to the respondent, Collex Pty Ltd, for the acquisition of Lot 1, a parcel of land in Eastern Creek. Collex was the registered proprietor of Lot 1 at the time of acquisition, and a portion of this land, Lot 9, was acquired by the RTA, leaving Collex with Lot 8.

The central legal issues before the Court of Appeal were whether the primary judge had erred in assessing compensation by failing to take into account the terms of a deed between Collex and a third party, which granted the third party rights to airspace created by quarrying activities on the acquired land for landfill operations in exchange for a payment. Specifically, the court had to determine if Collex had suffered a loss of airspace, whether compensation should be reduced because Collex could recover losses from the third party under the deed, and if Collex's obligation to make airspace creation payments under the deed was relevant to the compensation assessment. The court also considered whether the primary judge had adequately provided reasons for their decision.

The Court of Appeal, in dismissing the appeal, reasoned that the primary judge had correctly assessed compensation. The court found that the deed in question did not create a compensable interest in the airspace for the third party in the context of the RTA's acquisition. The primary judge's approach, which did not reduce the compensation based on the deed, was upheld. The court concluded that the primary judge's reasons, while perhaps concise, were sufficient to explain the basis of the compensation assessment, and therefore, no error of law had occurred.

The appeal was dismissed with costs.