William Chalmers v The Minister

Land and Environment Court (NSW)|1978-02-09|Before: Talbot J, Rath J, Bignold J

The applicant is entitled to be paid compensation for legal costs and stamp duty payable on the acquisition of a replacement property for a purchase price of $450,000.

The applicant is entitled to payment of interest calculated on the total amount of compensation determined pursuant to Orders 1 and 2 in accordance with s 126A of the Public Works Act 1912.

Any application for an order for costs is set down before the Registrar on 19 May 1998 at 9.00am.

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

CITATION : Linda Harvey v. Burwood Council [1998] NSWLEC 98 APPLICANT Linda Harvey PARTIES : RESPONDENT Burwood Council FILE NUMBER(S) : 30684 of 1991 CORAM: Talbot J KEY ISSUES: :- Public Works Act 1912 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land Acquisition (Just Terms Compensation) Act 1991 (the Just Terms Act William Chalmers v The Minister (Rath J 9 February 1978 25 The Valuer 228 at 230 CASES CITED: Housing Commission of NSW v San Sebastian Pty Ltd (1978) 140 CLR 196 apply. DATES OF HEARING: 27 - 30/04/98, 01/05/98 DATE OF JUDGMENT: 05/11/1998

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