Sydney Water Corporation v Marrickville Council

Sydney Water Corporation appealed and Marrickville Council cross-appealed from a decision of the Land and Environment Court of New South Wales concerning the determination of compensation payable for the compulsory acquisition of an easement over land designated for open space. The dispute centred on the valuation of the acquired easement.

The primary legal issues before the Court of Appeal were whether the Land and Environment Court had erred in law in its determination of compensation. Specifically, the court was required to consider whether the primary judge had made an error in identifying comparable sales for the purpose of valuation and whether any adjustments made to those comparable sales were legally flawed.

The Court of Appeal found no error of law in the primary judge's approach. The court reasoned that the Land and Environment Court had properly considered the evidence before it, including the nature of the acquired easement and the characteristics of the land. The adjustments made to comparable sales were found to be within the scope of the primary judge's discretion and were not demonstrably erroneous in law.

Consequently, both the appeal and the cross-appeal were dismissed.