The recent case of Joyce v Health Administration Corporation [2018] NSWSC 1679 demonstrates the Court’s approach to the practices involved in the compulsory acquisition of land. The case  involved landowners challenging the attempt of the Health Administration Corporation to compulsorily acquire their land, pursuant to s10A of the Land Acquisition (Just Terms Compensation) Act 1991 (‘the Act’). S10A provides that an acquiring authority must make a “genuine attempt to acquire the land by agreement” prior to giving a proposed acquisition notice (PAN). The landowner argued that the acquiring authority had failed to make genuine attempt to reach an agreement in relation to the land over the required period and sought to injunct the authority from proceeding with the PAN. The Court ultimately found against the landowner, concluding that there was an 8-month period of negotiations, which involved an earlier EOI process and negotiations of land that were ultimately different to the land that was compulsorily acquired. The decision in this case is particularly important as there are various impending compulsory acquisitions for the M12 and Sydney Metro, and acts as a reminder for stakeholders to be across issues that may arise.

Leave a Reply

%d bloggers like this: