Alkina Pty Ltd v Brisbane City Council

[1998] QLC 106

LAND COURT

BRISBANE

21 SEPTEMBER 1998

Re:	Claim for Compensation
Acquisition of Land Act 1967
(A93-85)

Alkina Pty Ltd

v.

Brisbane City Council

AMENDMENT TO JUDGMENT

Disturbance
Loss attributable to programmed works

The claimant sought a total of $76,712.00 under this heading made up of $41,712.00 and $35,000.00 which latter sum the Court was advised was paid by the respondent on 14 December 1994 as an advance against disturbance.

In clarification of my decision on this aspect of the claim, I should say that the amount I did not allow was $41,712.00, for the reasons given in the decision. The amount of $35,000.00 was not in issue between the parties, and I did not disallow this amount. To put the matter beyond doubt, the sum of $35,000.00 should be added to the disturbance items in the final determination of compensation. Thus the total allowed for disturbance items is $60,930.00. Compensation under all headings is therefore determined in the sum of $305,930.00.

Interest on Compensation

The order for interest should also be amended to read as follows: it is further ordered that the respondent pay to the claimant interest at the rate of 7.75% per annum on $60,930.00 being the amount of disturbance items from the date when and if payment of such items was made, up to and including the date on which payment of compensation is made.

CA MacDONALD
MEMBER OF THE LAND COURT