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Mason, Lesley; Mason, Roslyn; Mason, Deborah; Mason, Karen & Mason, Alan v Head, Transport for Victoria [2021] VSCA 19

LAND VALUATION AND COMPENSATION
Victorian Court of Appeal
Judge(s): 
Beach, Emerton and Osborn JJA
Parties: 

Mason, Lesley; Mason, Roslyn; Mason, Deborah; Mason, Karen & Mason, Alan v Head, Transport for Victoria

Judgment Date: 
12 February 2021
Catchwords: 

LAND VALUATION AND COMPENSATION - Determination of questions reserved by order of trial judge pursuant to Supreme Court Act 1986, s 17B - Rights of owners of land to compensation in circumstances where value of land is adversely affected by imposition of reservation for public purposes pursuant to planning scheme - Interpretation of ss 98(1) and 108 of the Planning and Environment Act 1987 ('P&E Act') - Subject land reserved for a public purpose under a planning scheme; registered proprietor at the time reservation was imposed, died without having sold the land; applicants became registered proprietors as beneficiaries under the land owner's will - Whether applicants precluded from claiming compensation under s 98(1)(a) of the P&E Act on the basis that they were not owners of the land at the time of the imposition of the planning reservation - Reconsideration of Halwood Corporation Ltd v Roads Corporation [1998] 2 VR 439 - Reasoning with respect to s 98(1) - Sufficient that claimant be owner or occupier at the date the right to compensation arises - Claim limited to financial loss suffered as the natural, direct and reasonable consequence of the reservation - Whether in circumstances where applicants became registered proprietors as beneficiaries under the will of the former registered proprietor, they have 'acquired' the land within the meaning of s 108(2) of the P&E Act - Applicants have not since the reservation 'acquired' the land within the meaning of that word understood in its context - Leave for consideration of questions granted - Both questions answered 'no' - Planning and Environment Act 1987 ss 98, 99, 108 - Halwood Corporation Ltd v Roads Corporation [1998] 2 VR 439 reconsidered.

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