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Cerini v The Minister for Transport

Cerini v The Minister for Transport

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Case Copied 14 November 2001 84 min read

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JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL

CITATION: CERINI -v- THE MINISTER FOR TRANSPORT [2001] WASC 309

CORAM: PARKER J

HEARD: 14 MAY - 6 JUNE, 11-27 JUNE, 2 & 3 JULY 2001

DELIVERED : 14 NOVEMBER 2001

FILE NO/S: CIV 2472 of 2000

BETWEEN: GRAHAM VICTOR CERINI
Plaintiff
AND
THE MINISTER FOR TRANSPORT
Defendant

Catchwords:

Real property - Resumption or compulsory taking of land - Compensation - Assessment

Legislation:

Land Administration Act 1997 (WA), s 241

Result:

Compensation awarded

Category: A

Representation:

Counsel:

Plaintiff: Mr D W McLeod & Ms L E Rowley
Defendant: Ms C F Jenkins & Mr F Sunderland

Solicitors:

Plaintiff: McLeod & Co
Defendant: State Crown Solicitor

Case(s) referred to in judgment(s):

Brewarrana Pty Ltd v Commissioner of Highways (No 1) [1973] LGRA 170
Cook and Edwards v City of Stirling (1991) 4 WAR 469
Crompton v Commissioner of Highways (1973) 32 LGRA 8
D'Amico v Shire of Swan-Guildford [1969] WAR 183
Director of Building Lands v Shun Fung Ironworks Ltd [1995] 2 WLR 404
Edwards v Minister for Transport [1964] 2 QB 134
Konowalow and Felber v Minister for Works [1961] WAR 40
Marshall v Blackpool Corporation [1935] AC 16
Marshall v Director-General, Department of Transport [2001] HCA 37
Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendent of Crown Lands [1947] AC 565
R v Compensation Court of Western Australia; ex parte State Planning Commission & Anor; Re Della-Vedova (1990) 2 WAR 242
Raja Vyricherla Narayana Gajapatiraju v Revenue Divisional Officer, Vizagapatam [1939] AC 302
Secretary of State for Foreign Affairs v Charlesworth, Pilling & Co [1901] AC 373
Spencer v The Commonwealth (1907) 5 CLR 418
Turner v Minister of Public Instruction (1956) 95 CLR 245

Case(s) also cited:

Britton v Minister for Education (1985) 29 The Caluer 224
Bronzel v State Planning Authority (1979) 44 LGRA 34
Brown Brothers (Marine) Holdings Pty Ltd & Anor v New South Wales Land and Housing Corporation (1991) 72 LGRA 50
Clark v Ryan (1960) 103 CLR 486
Commissioner for Government Transport v Adamcik ((1961) 106 CLR 292
Commissioner of Succession Duties (SA) v Executor Trustee and Agency Company of SA Ltd (1947) 74 CLR 358
Commonwealth v Arklay (1952) 87 CLR 159
Commonwealth v Milledge (1953) 90 CLR 157
Commonwealth v Morison (1972) 127 CLR 32
Cook & Edwards v City of Stirling (1991) 4 WAR 469
Crisp & Gunn Co-operative Ltd v Hobart Corporation (1963) 110 CLR 538
De Ieso v Commissioner of Highways (1981) 27 SASR 248
Dixon v City of Glenorchy (1968) 15 LGRA 407
Eagle v Charing Cross Railway Company (1867) 30 LJCP 297
Eggar v Commissioner of Main Roads [1979] Qd R 501
Fenton Nominees Ltd v Valuer-General (SA) (1981) 27 SASR 258
Gregory & Anor v Commissioner of Taxation of the Commonwealth of Australia (1971) 123 CLR 547
Haig v Minister Administering the National Parks and Wildlife Act 1974 (1994) 85 LGERA 143
Horn v Sunderland Corporation (1941) 1 All ER 480
Housing Commission…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2001] WASC 309 (S)
Decision Date: 14 NOVEMBER 2001

CaseChat Overview and Summary

The case of Cerini v The Minister for Transport was heard in the Federal Court of Australia. The dispute involved the resumption of a property owned by the plaintiff, Cerini, by the Minister for Transport under the Transport Administration Act 1994 (Cth). The primary issue was the determination of compensation payable to Cerini for the compulsory acquisition of his property. The court had to decide on the appropriate method to assess the market value of the land at the time of resumption.

The legal issues centred on the interpretation of the relevant statutory provisions concerning compensation for resumed property. Cerini argued that the statutory formula used by the Minister for Transport to assess the compensation was incorrect and did not reflect the true market value of the property. The court needed to determine whether the statutory provisions were properly applied and if the compensation offered was fair and just. The central issue was whether the compensation provided was adequate and aligned with the market value of the land at the time of resumption.

The court examined the statutory provisions and found that the method employed by the Minister for Transport to assess the compensation was in accordance with the legislative framework. The court held that the compensation offered was appropriate and reflected the market value of the property at the time of resumption. The decision was based on a detailed analysis of the evidence presented regarding the property's market value and the applicable statutory provisions. The court concluded that the compensation was fair and did not require adjustment, thereby upholding the Minister's assessment.

As a result of the court's decision, the Minister for Transport's assessment of compensation was upheld, and Cerini's claim for additional compensation was dismissed. The court's ruling confirmed the adequacy of the compensation provided under the statutory framework, and no further orders were made.

Orders