Despot v Council of the City of Thuringowa

In the case of Despot v Council of the City of Thuringowa, the claimants sought compensation for the resumption of an easement for stormwater drainage purposes by the respondent council. The Land Court was required to determine the appropriate compensation for the loss of land value resulting from the resumption. The court assessed the value of the land before and after the resumption, taking into account the costs and risks associated with downstream drainage. The court found that the value of the land before resumption was $245,000 and the value after resumption was $120,000, resulting in a compensation figure of $125,000. The court also ordered interest to be paid on the compensation at a rate of 7.75 per centum per annum from the date of resumption until the date of payment.