On 30 July 2021, Pain J delivered her judgment in The Trustee for Whitcurt Unit Trust v Transport for NSW [2021] NSWLEC 82, making it very plain that the nature and scope of the ‘interest in land’ are of fundamental importance for lawyers advising their clients on the quantum of compensation, including claims for loss of profit under the Land Acquisition (Just Terms) Compensation Act 1991 (NSW) (“Act”). The effective outcome for the applicant was that it received no compensation.
