Goldmate Property Luddenham No 1 Pty Ltd v Transport for NSW [2026] NSWLEC 22

Written By Peter Ferrier

The remitter decision by the Land & Environment Court in the long running Goldmate matter (Goldmate Property Luddenham No 1 Pty Ltd v Transport for NSW [2026] NSWLEC 22) has major implications for landowners around Western Sydney Aerotropolis who are currently negotiating compulsory land acquisitions or easement acquisitions for roads, water, sewerage or electricity infrastructure.

 From a valuation perspective, the Court found that:

  •  the public purpose of the compulsory acquisition was the construction, operation and maintenance of the M12 (para 30) (being a narrow public purpose);

  • the rezonings around the Western Sydney Aerotropolis were responsive to the WSA and the M12 was not responsive to the rezonings (para 49) (which may apply to other acquisitions for roads, water, sewerage or electricity infrastructure);

  • changes in land value were caused by the creation and operation of the WSA not due to the M12 (58) (so rezonings should not be disregarded); and

  • an adverse impact on value adjustment of a 10% discount was awarded, though not as an injurious affection award under s55(f) (but providing a useful reference point for valuers).

For major infrastructure projects in the future involving a combination of rezoning and roads, water, sewerage or electricity infrastructure, Government may be expected to adopt a very different approach to compulsory acquisition than that adopted around Western Sydney Aerotropolis.

However, for landowners around Western Sydney Aerotropolis who are currently negotiating compulsory land acquisitions or easement acquisitions for roads, water, sewerage or electricity infrastructure, the Court has provided a new framework within which to assess claims for compensation.

So, for landowners currently subject to compulsory acquisition, an opportunity may now arise to review their compensation claims based on this recent Court decision. Contact us on 1300 710 000 or admin@sovereignvaluations.com.au to find out how you can make the most of this opportunity.

 
 
Peter Ferrier

Peter Ferrier AAPI MRICS SA Fin holds over 15 years’ experience in valuations and is regularly engaged for disputed litigation and compulsory acquisition matters. Peter holds expertise across all major asset classes and development feasibilities, having advised on several projects in excess $100 million.

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