Brown & Dunkley v Director-General, Department of Main Roads

In this case, the claimants, Erin G. Brown and Penelope G.H. Dunkley, sought compensation from the Director-General, Department of Main Roads for the resumption of their land and business under the Acquisition of Land Act 1967. The land was resumed for road purposes, and the claimants operated a dog boarding kennels and cattery business on the property. The court had to determine the appropriate compensation for the claimants, considering various factors such as the market value of the land and improvements, the value of the business, and the costs associated with relocating the business. The court also had to assess the loss of profits and other disturbance items, such as legal and valuation fees. After carefully considering the evidence and arguments presented by both parties, the court determined that the compensation should be based on the market value of the land and improvements, excluding the value of the business, as well as the natural and reasonable costs of relocating the business and other losses that were a natural and reasonable consequence of the resumption. The court awarded compensation in the amount of $746,900, along with interest on the balance of compensation from the date the claimants' occupation ceased, and interest on the amount awarded for legal and valuation fees.