Capela, Maria and Sluka, Anna (as joint executors of the Will of Ana Liptak) v Minister for Energy, Environment and Climate Change [2018] VSC 360

VALUATION AND COMPENSATION
Judgment type: 
Supreme Court of Victoria
Judge(s): 
Emerton J
Parties: 

Capela, Maria and Sluka, Anna (as joint executors of the Will of Ana Liptak) v Minister for Energy, Environment and Climate Change

Judgment Date: 
6 July 2018
Catchwords: 

VALUATION AND COMPENSATION - Amendment to the Melton Planning Scheme - Imposition of Public Acquisition Overlay for Western Grasslands Reserves - Compensation for planning 'blight' - Land-owner died without making a compensation claim - Executors of the estate propose to sell the land and distribute the proceeds to beneficiaries - Executors seek declaratory relief that they are not ineligible to claim compensation for financial loss suffered as a natural, direct and reasonable consequence of the reservation upon on a sale of the land - Availability of declaratory relief - Whether executors are 'owners' of the land affected by the reservation for the purposes of s 98(1) of the Planning and Environment Act 1987 - Halwood Corporation Ltd v Roads Corporation [1998] 2 VR 439 and Halwood Corporation Ltd v Roads Corporation (1995) 89 LGERA 280 followed - Planning and Environment Act 1987 ss 98, 99(b), 101, 106 and 108.

Citation: 
[2018] VSC 360