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Head, Transport for Victoria v Lantrak Developments P/L (ACN 070 998 908); Lantrak South East Projects P/L (ACN 163 791 811) v Head, Transport for Victoria [2021] VSC 774

LAND ACQUISITION, PRACTICE AND PROCEDURE
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
Richards J
Parties: 

Head, Transport for Victoria v Lantrak Developments P/L (ACN 070 998 908); Lantrak South East Projects P/L (ACN 163 791 811) v Head, Transport for Victoria

Judgment Date: 
25 November 2021
Catchwords: 

LAND ACQUISITION - Land compulsorily acquired by the defendant in June 2014 - Offer of compensation made to registered proprietor of land pursuant to s 31, Land Acquisition and Compensation Act 1986 (Vic) - Plaintiff occupied the acquired land as monthly tenant at will - Plaintiff's interest first identified in correspondence to defendant in February 2017 - Plaintiff first indicated nature of claim for compensation in December 2020 - Whether defendant obliged to make an offer of compensation to plaintiff pursuant to s 31, Land Acquisition and Compensation Act 1986 (Vic) - Defendant not obliged to make an offer - Plaintiff sought extension of time to make a claim under s 37, Land Acquisition and Compensation Act 1986 (Vic) - Whether time should be extended - Relevant principles - Long and unexplained delay - Fragile interest of plaintiff in acquired land - Application for extension of time refused - Proceeding dismissed - Land Acquisition and Compensation Act 1986 (Vic) ss 31, 37, 106 - Secretary to the Department of Transport v Provan's Timber Pty Ltd [2020] VSCA 210, applied.

PRACTICE AND PROCEDURE - Further amended particulars of claim - Application to summarily dismiss or strike out part of the respondent's claim for compensation in respect of disturbance losses - Claimed losses suffered by tenant at will and not by respondent - Part of claim summarily dismissed - Civil Procedure Act 2010 (Vic), ss 61, 63 - Supreme Court (General Civil Procedure) Rules 2015 (Vic), rr 23.01, 23.02.

Citation: