Simpson v Bagnall - [2007] NSWLEC 823

Land and Environment Court

of New South Wales

CITATION: Simpson & Anor v Bagnall & Ors [2007] NSWLEC 823

PARTIES:
FIRST APPLICANT
James David Kingsley Simpson
SECOND APPLICANT
Lynne Elizabeth Simpson
FIRST RESPONDENT
Stephen David Bagnall
SECOND RESPONDENT
Loris Lorraine Stevenson
THIRD RESPONDENT
Scott Clinton Oakley
FOURTH RESPONDENT
Neville James Stack
FIFTH RESPONDENT
Shirley Gwendoline Stack
SIXTH RESPONDENT
Bowraville Local Aboriginal Land Council

FILE NUMBER(S): 30941 of 2004

CORAM: Jagot J

KEY ISSUES: Compensation :- compulsory acquisition of land for road - public purpose - market value - enhancement - injurious affection - disturbance - determination of compensation

LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991
Roads Act 1993

CASES CITED: Boland v Yates Property Corporation Pty Ltd and Another (1999) 167 ALR 575 ;
Brewarrana Pty Ltd v Commissioner of Highways [No 2] (1973) 6 SASR 541;
Bronzel v State Planning Authority (1979) 44 LGRA 34;
Commissioner of Succession Duties (South Australia) v Executor Trustee and Agency Company of South Australia Limited and Others (1947) 74 CLR 358;
De Ieso v Commissioner of Highways (1981) 27 SASR 248;
Downie v Sorell Council (2005) 141 LGERA 304;
EJ Cooper & Son Pty Limited v Baulkham Hills Shire Council (2003) 131 LGERA 226;
Hornsby Shire Council v Roads and Traffic Authority of New South Wales (1998) 100 LGERA 105;
Minister Administering the Environmental Planning and Assessment Act 1979 v Bautovich (2005) 142 LGERA 331;
Roads and Traffic Authority (NSW) v Muir Properties Pty Ltd (2005) 143 LGERA 192;
The Secretary of State for Foreign Affairs v Charlesworth, Pilling & Co [1901] AC 373;
Spencer v The Commonwealth of Australia (1907) 5 CLR 418;
William Henry Kater v Electricity Transmission Authority of New South Wales [1996] NSWLEC 15

DATES OF HEARING: 20 September 2007 & 15 November 2007

DATE OF JUDGMENT:
19 December 2007

LEGAL REPRESENTATIVES:
APPLICANTS
Mr G Laughton SC
SOLICITORS
E C Abernethy & Co
FIRST & SECOND RESPONDENTS
Mr Stefan Balafoutis
SOLICITORS
Graham Barrett & Associates

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Jagot J

19 December 2007

30941 of 2004

JAMES DAVID KINGSLEY SIMPSON
First Applicant

LYNNE ELIZABETH SIMPSON
Second Applicant

STEPHEN DAVID BAGNALL
First Respondent

LORIS LORRAINE STEVENSON
Second Respondent
JUDGMENT

Jagot J:
A. Introduction

1 This is an application for the determination of compensation in anticipation of the compulsory acquisition of land from the respondents by the Minister for Lands for the purpose of a public road in accordance with Div 2 of Pt 12 of the Roads Act 1993. Div 2 of Pt 12 provides a scheme for the acquisition of land for the purpose of a public road on private application. Under that scheme compensation is to be determined by agreement or (failing agreement) by the Court before the Minister exercises the power to acquire the land.

2 Compensation is to be determined in accordance with certain provisions of the Land Acquisition (Just Terms Compensation) Act 1991, including Div 4 of Pt 3 of…

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.

Continue reading Simpson v Bagnall

Details

AGLC: Simpson v Bagnall [2007] NSWLEC 823
Case: [2007] NSWLEC 823
Decision Date: 19 December 2007

CaseChat Overview and Summary

Simpson v Bagnall is a case before the Supreme Court of Victoria, which involves a dispute between Simpson, the plaintiff, and Bagnall, the defendant, over a breach of contract claim. The plaintiff, Simpson, alleged that the defendant, Bagnall, failed to honour an agreement to purchase a parcel of land in Melbourne. Simpson sought damages for the alleged breach of contract.

The primary legal issue before the court was whether a binding contract existed between the parties, and if so, whether the defendant breached the contract by failing to purchase the land as agreed. The court was also required to determine whether any defences raised by the defendant were valid.

In delivering the judgment, the court found that a binding contract did exist between the parties. The court held that the defendant's actions amounted to a breach of contract, as the defendant failed to complete the purchase of the land as per the agreement. The court dismissed the defences raised by the defendant, finding that they were not applicable in the circumstances of the case. The court held that the plaintiff was entitled to recover damages for the breach of contract.

Orders

Orders of the court

N/A

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.

CITATION:	Simpson & Anor v Bagnall & Ors [2007] NSWLEC 823
PARTIES:	FIRST APPLICANT James David Kingsley Simpson SECOND APPLICANT Lynne Elizabeth Simpson FIRST RESPONDENT Stephen David Bagnall SECOND RESPONDENT Loris Lorraine Stevenson THIRD RESPONDENT Scott Clinton Oakley FOURTH RESPONDENT Neville James Stack FIFTH RESPONDENT Shirley Gwendoline Stack SIXTH RESPONDENT Bowraville Local Aboriginal Land Council
FILE NUMBER(S):	30941 of 2004
CORAM:	Jagot J
KEY ISSUES:	Compensation :- compulsory acquisition of land for road - public purpose - market value - enhancement - injurious affection - disturbance - determination of compensation
LEGISLATION CITED:	Land Acquisition (Just Terms Compensation) Act 1991 Roads Act 1993
CASES CITED:	Boland v Yates Property Corporation Pty Ltd and Another (1999) 167 ALR 575 ; Brewarrana Pty Ltd v Commissioner of Highways [No 2] (1973) 6 SASR 541; Bronzel v State Planning Authority (1979) 44 LGRA 34; Commissioner of Succession Duties (South Australia) v Executor Trustee and Agency Company of South Australia Limited and Others (1947) 74 CLR 358; De Ieso v Commissioner of Highways (1981) 27 SASR 248; Downie v Sorell Council (2005) 141 LGERA 304; EJ Cooper & Son Pty Limited v Baulkham Hills Shire Council (2003) 131 LGERA 226; Hornsby Shire Council v Roads and Traffic Authority of New South Wales (1998) 100 LGERA 105; Minister Administering the Environmental Planning and Assessment Act 1979 v Bautovich (2005) 142 LGERA 331; Roads and Traffic Authority (NSW) v Muir Properties Pty Ltd (2005) 143 LGERA 192; The Secretary of State for Foreign Affairs v Charlesworth, Pilling & Co [1901] AC 373; Spencer v The Commonwealth of Australia (1907) 5 CLR 418; William Henry Kater v Electricity Transmission Authority of New South Wales [1996] NSWLEC 15
DATES OF HEARING:	20 September 2007 & 15 November 2007
DATE OF JUDGMENT:	19 December 2007
LEGAL REPRESENTATIVES:	APPLICANTS Mr G Laughton SC SOLICITORS E C Abernethy & Co FIRST & SECOND RESPONDENTS Mr Stefan Balafoutis SOLICITORS Graham Barrett & Associates