Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17:

1. Before the Court are two motions seeking identical orders in related proceedings. Those orders relevantly are:

"(1) That the Court grants Leave to the applicant to rely upon the expert report of Owen Allsopp, Certified Practicing Valuer... updated 8 May 2025.

(2) That the Court grants Leave for Owen Allsopp... [to] act on behalf of the applicants and engage, confer and prepare a Joint Report valuation [sic] in preparation for the Hearing of this matter."

2. Until 29 July 2022 (Acquisition Date), the Applicants in proceedings 2023/0091258 (Treyvauds) were the registered proprietors of Lots 1, 2 and 3 of DP 244495, and the "beneficial owners" of Lot 2, DP 557598. Together these Lots were known as 5933 Princes Highway, Falls Creek (Parent Parcel). I will refer to these proceedings as the "Treyvaud Proceedings".

3. On the Acquisition Date, the Respondent acquired Lots 24 and 25 of DP 1275933 (Acquired Land), being part of the Parent Parcel. That acquisition is said to be for the purposes of the "construction and operation of the upgrade to the intersection between Jervis Bay Road and Princes Highway". [1]

4. The Treyvauds have brought their proceedings under s 66 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act) as the dispossessed landowners of the Acquired Land, objecting to the amount of compensation determined to be payable to them for the compulsory acquisition.

5. The Applicant in proceedings 2023/0091290, Jervis Bay Stockfeeds Pty Ltd (JB Stockfeeds), was at the Acquisition Date a lessee and occupier of Lots 1, 2 and 3 of DP 244495, and a lessee and occupier (under a separate lease) of Lot 2 DP 557598. It occupied the Parent Parcel for purposes that included that of a pet and rural supply business and fuel retail business, and was also the trustee of the Treyvaud Family Trust. It also brings its proceedings under s 66 of the Just Terms Act objecting to the determination of compensation payable to it as a dispossessed lessee (although the nature of its claims is discussed further below). I will refer to these proceedings as the "JB Stockfeeds Proceedings".

6. At the hearing of the Notices of Motion, the Applicants in both proceedings were represented by Mr A Hannam of Counsel. The Respondent was represented by Mr M Astill of Counsel. The parties provided the Court with written submissions to assist the determination of the motions.

7. As the motions concern related proceedings, I directed that evidence in one motion be evidence in the other.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1977ae6627fafbd8d44d39f2)

Disclaimer: Curated by HT Syndication.