Great Wall Resources Pty Ltd v O'Sullivan

Great Wall Resources Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning the valuation of land. The dispute arose from a compulsory acquisition of land by the respondent, O'Sullivan, who was acting on behalf of the Roads and Traffic Authority. The primary judge had determined the compensation payable for the acquired land.

The central legal issues before the Court of Appeal were whether it should grant leave to adduce fresh evidence, specifically evidence of events occurring after the date of the trial, and whether the appeal itself was competent. The appellant sought to introduce evidence relating to the subsequent development and sale of adjoining land, arguing it was relevant to the valuation of the acquired land.

The Court of Appeal, comprising Giles JA, Ipp JA, and Macfarlan JA, dismissed the appeal as incompetent. The Court held that the appellant had not established that the primary judge had made any error of law or fact in the valuation. Furthermore, the Court refused leave to adduce fresh evidence, finding that the events occurring after the trial were not relevant to the determination of the compensation payable at the time of acquisition. The Court reasoned that the valuation should be based on the circumstances and knowledge available at the date of acquisition, not on subsequent developments.

Consequently, the Court dismissed the appellant's Notice of Motion and application for leave to appeal, ordering the appellant to pay the respondents' costs.