Hunt Leather Pty Ltd ACN 000745960 & Anor v Transport for NSW; Hunt Leather Pty Ltd ABN 46000745960 & Ors v Transport for NSW ABN 18804239602

The High Court of Australia considered a dispute between Hunt Leather Pty Ltd and its directors (the appellants) and Transport for NSW (the respondent). The core of the dispute concerned the respondent's acquisition of land owned by Hunt Leather for a public transport project. The appellants sought compensation for the compulsory acquisition of their land, arguing that the compensation offered by Transport for NSW was inadequate.

The High Court was required to determine whether the compensation awarded to the appellants for the compulsory acquisition of their land was just and equitable, as mandated by the *Land Acquisition (Just Terms Compensation) Act 1991* (NSW). Specifically, the court had to consider the proper valuation of the land, including any potential for development that was frustrated by the acquisition, and whether the compensation adequately reflected the market value of the land at the time of acquisition, taking into account all relevant factors.

The Court's reasoning focused on the principles of statutory interpretation and the assessment of compensation under the *Just Terms Compensation Act*. It applied established legal principles regarding the valuation of land acquired for public purposes, emphasising that compensation should reflect the market value of the land as if it were being sold on the open market by a willing seller to a willing buyer. The Court considered how to account for potential development value and the impact of government planning decisions on that value. The Court ultimately found that the compensation awarded was not just and equitable, and therefore ordered that the matter be remitted for redetermination.