OMPULSORY ACQUISITION OF LAND – Valuer General determines market value of acquired land – acquired land subject of contract for sale -Valuer General apportions market value between vendor and contracted purchaser – contract to purchase contingent on simultaneous settlement of two other purchases by interests related to purchaser of the acquired land – deed between the three vendors and the three purchasers requiring that all purchases be settled at the same time – purchasers would have been unable to settle at the same time – determination of the value of the equitable estate of the purchaser of the acquired land – value of the equitable estate of the purchaser of the acquired land is “Nil” CROSS-CLAIM – Valuer General’s apportionment of compensation for market value fails to account for necessity for simultaneous settlement of three purchases – acquiring authority pays compensation to purchaser for market value of equitable interest based on Valuer General’s determination – acquiring authority cross-claims to recover amount paid for equitable interest as the market value of the equitable interest is “Nil” – no opposition from purchaser to acquiring authority’s cross-claim – jurisdiction and power of Land and Environment Court to order repayment – purchaser ordered to repay acquiring authority the amount paid in reliance on the Valuer General’s determination of the purchaser’s equitable interest in the acquired property COMPULSORY ACQUISITION OF LAND – claim for compensation of an equivalent payment to stamp duty for the value of a replacement property – three compulsory acquisitions by the acquiring authority – each acquired property part of a common set of business interests – claim for stamp duty equivalent payment based on s 59(1)(d) of the Land Acquisition (Just Terms Compensation) Act 1992 – claims founded on asserted possible relocation of business of holding land – earlier finding (undisturbed on appeal) that none of the dispossessed owning entities was undertaking any actual use of the relevant acquired land – consideration of whether compensation entitlement arose when no actual use of the acquired land – held that actual use of the acquired land a necessary prerequisite for the award of stamp duty equivalent compensation – stamp duty compensation claims rejected.

G Capital Corporation Pty Limited v Transport for NSW; Gertos Holdings Pty Ltd v Transport for NSW; Marsden Developments Pty Ltd v Transport for NSW [2021] NSWLEC 44 (20 May 2021)