Goold, J. v Commonwealth of Australia & Anor. Rootsey, H.N. v Commonwealth of Australia

In the Federal Court of Australia, the plaintiffs, Mr Goold and Mr Rootsey, sought compensation for the resumption of two small parcels of land by the Commonwealth of Australia near Kingsford Smith airport. The land was being used for residential purposes at the time of resumption, but it was zoned for Special Uses under the County of Cumberland Planning Scheme Ordinance and had the potential for development by small buildings related to airport services. The court was tasked with determining the proper basis for the valuation of the land, the admissibility of evidence regarding offers to purchase the land, and the calculation of disturbance allowances. The court also needed to assess whether the consideration of legal costs and stamp duty paid in connection with the acquisition of a replacement property failed to provide just terms.

The court considered whether the Special Uses zoning should be disregarded in determining the value of the land. It also examined the admissibility of evidence of offers to purchase the land and the genuineness of these offers. The court assessed the sales evidence to determine the market value of the land and calculated the disturbance allowances. Additionally, it analysed whether the assessment of legal costs and stamp duty paid in connection with the acquisition of a replacement property failed to provide just terms. The court applied the principles applicable to the assessment of disturbance compensation under the general law.

The court found that the Special Uses zoning should be disregarded in determining the value of the land. It held that the evidence of offers to purchase the land was admissible and genuine, and it used this evidence to determine the market value of the land. The court calculated the disturbance allowances and found that the consideration of legal costs and stamp duty paid in connection with the acquisition of a replacement property did not fail to provide just terms. The court assessed the compensation for Mr Goold at Three Hundred and Seventy Two Thousand Five Hundred and Seventy Five Dollars ($372,575) and for Mr Rootsey at Three Hundred and Seventy Two Thousand Four Hundred and Three Dollars ($372,403).

The court reserved the costs and directed the parties to settle and enter the orders in accordance with Order 36 of the Federal Court Rules.