Clissold v Perry

The case of *Clissold v Perry* concerned a dispute over the valuation of land resumed by the Crown. The applicant, Clissold, sought a writ of mandamus to compel the respondent, Perry, to proceed with the valuation of land that had been resumed under the provisions of the *Lands for Public Purposes Acquisition Act 1880* (NSW).

The central legal issue before the Full Court of the High Court of Australia was whether the Crown, having resumed land under the Act, was obliged to pay compensation to the landowner, and if so, how that compensation should be assessed. Specifically, the court had to determine the principles governing the valuation of resumed land, particularly in circumstances where the land had increased in value since its acquisition by the landowner.

The court held that the Crown, by resuming the land, had undertaken an obligation to pay compensation to the landowner. Griffith, C.J., applying the principles of statutory interpretation, found that the Act implied a duty to compensate. The court affirmed that the measure of compensation should be the market value of the land at the time of resumption, taking into account any increase in value that had occurred since the landowner acquired it. This included any enhancement in value due to the landowner's own improvements or the potential for future development, but not any increase attributable to the public purpose for which the land was resumed. The court reasoned that to deny compensation for such increases would be unjust and contrary to the fundamental principles of compulsory acquisition.

The High Court ordered that the writ of mandamus should issue, compelling the respondent to proceed with the valuation of the land in accordance with the principles established by the court.