Candibon Pty Ltd v Minister for Planning

In the case of Candibon Pty Ltd v Minister for Planning, the dispute arose from the sale of a property by Candibon to the Minister for Planning. The plaintiff, Candibon, alleged that the Minister had made certain representations about the government's future land use plans, which induced the sale. The legal issues before the court included whether the Minister was empowered to compulsorily acquire the land under the Land Acquisition and Compensation Act 1986 (Vic), and if the Minister had breached any statutory obligations or engaged in deceitful or negligent conduct during the sale process.

The court examined whether the Minister was empowered to compulsorily acquire the land under the Act and if the acquisition was for the purposes of the planning scheme. It was determined that the Minister was empowered to acquire the land, but there was no evidence that the acquisition was for planning purposes. Regarding the deceit claim, the court held that the plaintiff's pleadings were strictly construed, and the alleged misrepresentations did not amount to deceit. The negligence claim was also dismissed as statute-barred. Lastly, the court found no special disadvantage arising from the Minister's statements, and the claim for unconscionable conduct was time-barred.

The court ultimately ruled in favour of the Minister, dismissing all claims brought by Candibon. The court held that the Minister was not liable for any breach of statutory obligations, deceit, negligence, or unconscionable conduct in relation to the sale of the property. The court further held that the plaintiff was not entitled to damages on the basis of the true value of the land, but rather the market value at the time of sale.