Alkina Pty Ltd v Brisbane City Council

In the case of Alkina Pty Ltd v Brisbane City Council, the dispute involved a claim for compensation for the acquisition of land under the Acquisition of Land Act 1967. Alkina Pty Ltd was the claimant, and Brisbane City Council was the respondent. The matter was adjudicated in the Land Court in Brisbane on 21 September 1998.

The primary legal issues addressed by the court were related to the calculation of compensation for disturbance under the acquisition of land legislation. Specifically, the court had to determine the amount of compensation attributable to disturbance caused by programmed works, as well as the interest on the compensation. The claimant sought a total of $76,712.00 for disturbance, which was composed of two amounts: $41,712.00 and $35,000.00. The latter amount had already been paid by the respondent as an advance against disturbance on 14 December 1994.

The court clarified that the $41,712.00 was not allowed for the reasons previously given in the decision. The $35,000.00 was not contested by the parties, and the court did not disallow this amount. The court ordered that the $35,000.00 be added to the disturbance items in the final determination of compensation, resulting in a total of $60,930.00 for disturbance. Consequently, the total compensation awarded was $305,930.00. Additionally, the court amended the order for interest to reflect that the respondent was to pay interest at the rate of 7.75% per annum on the $60,930.00 from the date of payment of such items, up until the date of payment of compensation.