G Capital Corporation Pty Ltd v Roads and Maritime Services [2019] NSWCA 234 (24 September 2019) (Meagher JA at [1]; Gleeson JA at [32]; McCallum JA at [33])


Catchwords:


LAND LAW – compulsory acquisition of land – compensation – where applicants entered into contracts for sale of relevant land – where land compulsorily acquired before settlement of those contracts – where applicants objected to amount of compensation for market value – where applicants’ primary compensation claim for unpaid purchase price as loss attributable to disturbance under Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s 59(1)(f) – where questions directed to whether applicants entitled to any compensation for that loss determined separately – whether there was “actual use of land” by applicants