Secretary to the Department of Economic Development, Jobs, Transport and Resources v Manor Lakes (Werribee) Pty Ltd [2017] VSCA 114

LAND ACQUISITION AND COMPENSATION
Judgment type: 
Victorian Court of Appeal
Judge(s): 
Warren CJ, Osborn JA, Ferguson JA
Parties: 

Secretary to the Department of Economic Development, Jobs, Transport & Resources v Manor Lakes (Werribee) P/L (ACN 096 230 714); Secretary to the Department of Economic Development, Jobs, Transport & Resources v Manor Commercial Company P/L (ACN 096 230 714)

Judgment Date: 
18 May 2017
Catchwords: 

LAND ACQUISITION AND COMPENSATION - Leave to appeal - Appeal - Loss attributable to disturbance - Whether costs of purchasing replacement land were 'the natural, direct and reasonable consequence' of the compulsory acquisitions - Whether consequence direct a question of fact - Whether open to court to make finding which it did - Whether the expression 'other than the purpose for which it was used at the date of acquisition' in s41(2) of the Land Acquisition and Compensation Act 1986 (Vic) is a reference to the physical use of the land at the date of acquisition - Whether basis for assessment of market value included the potential of the land to be used for a purpose other than the purpose for which it was used at the date of acquisition - Whether costs claimed constituted a cost that would necessarily have been incurred in realising the potential of the acquired land - Leave to appeal granted in part - Appeal dismissed.

Citation: 
[2017] VSCA 114