Boral Bricks (Qld) Limited v Director-General, Department of Main Roads

In the case of Boral Bricks (Qld) Limited v Director-General, Department of Main Roads, the claimant sought compensation for lands resumed under the Acquisition of Land Act 1967. The respondent had resumed two parcels of land from the claimant on 15 October 1992, and an amended compensation claim of $3,140,692.65 was filed with the Land Court. The dispute centred around the appropriate compensation for the resumed lands, with particular emphasis on the value of the land and improvements, disturbance, severance, and injurious affection.

The court was tasked with determining the fair market value of the resumed land and improvements, the extent of disturbance and severance, and whether any injurious affection was caused to the remaining land. The primary issue was the valuation of the resumed land, given its specific use for clay brick manufacturing and its strategic location near major roads and railways. The court also had to consider the impact of the resumption on the remaining land, including any severance or injurious affection.

In delivering the judgment, the court found that the valuation of the resumed land should be based on its specific use for clay brick manufacturing, taking into account its location and access to services. The court determined that the claimant's expert evidence regarding the value of the land and improvements, as well as the disturbance and severance, was more reliable and persuasive. The court awarded compensation of $3,543,038.95, reflecting the specific use value of the land and improvements, disturbance, severance, and costs. The court also rejected the claim for injurious affection, finding that there was no significant impact on the remaining land.

The Land Court ordered the respondent to pay the claimant the sum of $3,543,038.95, together with interest from the date of the resumption. The court also ordered the respondent to pay the claimant's costs of the proceedings.