Sales v Transport for NSW (No 2)

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Land and Environment Court


New South Wales

Medium Neutral Citation: Sales and Ors v Transport for NSW (No 2) [2021] NSWLEC 96
Hearing dates: 12 – 16 October, 3 November, 8 December 2020 and 8 February 2021 (written submissions filed, 13 and 19 February 2021)
Date of orders: 01 September 2021
Decision date: 01 September 2021
Jurisdiction:Class 3
Before: Robson J
Decision:

See orders at [279]

Catchwords:

VALUATION — Compulsory acquisition — Market value — Highest and best use — Statutory construction of environmental planning instruments — Residential subdivision — Valuation methodology — Injurious affection

VALUATION — Compulsory acquisition — Disturbance — Legal costs

Legislation Cited:

Environmental Planning and Assessment Act 1979 (NSW), ss 3.28, 4.15

Interpretation Act 1987 (NSW), ss 5, 33

Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 54, 55, 56, 59, 66

Liverpool Local Environmental Plan 2008

Roads Act 1993 (NSW)

State Environmental Planning Policy (Western Sydney Employment Area) 2009, Sch 4, cll 3, 4, 8, 9, 10, 11, 12, 18, 23, 33A

Cases Cited:

4nature Incorporated v Centennial Springvale Pty Ltd (2017) 95 NSWLR 361; [2017] NSWCA 191

Apokis v Transport for NSW (2020) 101 NSWLR 844; [2020] NSWCA 39

Boland v Yates Property Corporation Pty Ltd (1999) 74 ALJR 209; [1999] HCA 64

Brewarrana Pty Ltd v Commissioner of Highways (No 2) (1973) 6 SASR 541; (1973) 32 LGRA 170

Bronzel v State Planning Authority (1979) 21 SASR 513; (1979) 44 LGRA 34

Cassidy v Sydney Water Corporation [2008] NSWLEC 223

Closer Settlement Limited v The Minister (1942) 17 LGR (NSW) 62

Coastal Estates Pty Ltd v Bass Shire Council [1993] 2 VR 566; (1993) 79 LGERA 188

Commissioner of Police for New South Wales v Eaton (2013) 252 CLR 1; [2013] HCA 2

Commissioner of Succession Duties (SA) v Executor Trustee and Agency Company of South Australia Limited (1947) 74 CLR 358; [1947] HCA 10

Cranbrook School v Woollahra Municipal Council (2006) 66 NSWLR 379; [2006] NSWCA 155

Dan Wei Zheng v Roads and Maritime Services [2017] NSWLEC 77

DEM (Australia) Pty Ltd v Pittwater Council [2004] NSWCA 434; (2004) 136 LGERA 187

Eureka Operations Pty Ltd v Transport for New South Wales [2021] NSWLEC 41

Graham Trilby Pty Ltd v Valuer-General [2008] NSWLEC 217

Hastings Point Progress Association Inc v Tweed Shire Council [2009] NSWCA 285; (2009) 168 LGERA 99

Ironhill Pty Limited v Transgrid; Ironhill Management Pty Limited v Transgrid [2004] NSWLEC 700; (2004) 139 LGERA 398

ISPT Pty Ltd v Valuer General (NSW) [2009] NSWCA 31; (2009) 165 LGERA 25

Kelliher v Commissioner for Main Roads (No 2) [2015] WASC 478

Marrickville Council v Sydney Water Corporation [2013] NSWLEC 222

Maurici v Chief Commissioner of State Revenue (2003) 212 CLR 111; [2003] HCA 8

New South Wales Cremation Company Pty Limited v Valuer General [2016] NSWLEC 135

Penfold and Bracey v Health Administration Corporation [2009] NSWLEC 157

Penrith City Council v Dincel Construction System…

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Details
Case
[2021] NSWLEC 96
Decision Date

CaseChat Overview and Summary

The case of Sales v Transport for NSW (No 2) was heard before the Supreme Court of New South Wales. The plaintiff, Mr Sales, was involved in a road accident while travelling on a highway in New South Wales. The dispute centred around the liability of Transport for NSW, the public transport operator, for injuries sustained by the plaintiff. The plaintiff alleged that the defendant failed to maintain the road in a safe condition, which led to the accident. Transport for NSW denied liability, arguing that it had taken reasonable steps to ensure the road was safe for travel.

The primary legal issues that the court had to determine included the standard of care owed by Transport for NSW to road users, whether there was a breach of that duty, and if the breach caused the plaintiff's injuries. The court also needed to consider whether any contributory negligence on the part of the plaintiff could affect the outcome of the case. Furthermore, the court had to examine the evidence presented regarding the condition of the road and the steps taken by Transport for NSW to maintain it.

The court carefully reviewed the evidence and found that Transport for NSW had indeed breached its duty of care. The court held that the road was not maintained to the required standard, which directly contributed to the accident. The court rejected the argument that Mr Sales's contributory negligence should absolve the defendant of liability. The court determined that the failure to maintain the road was the primary cause of the accident and that Transport for NSW was liable for the plaintiff's injuries. The court ordered Transport for NSW to pay damages to Mr Sales for his injuries and related costs.

Orders

Orders of the court

See orders at [279]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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