Ipswich City Council v Wilson; Ipswich City Council v Wilson and Downey

In the case of Ipswich City Council v Wilson; Ipswich City Council v Wilson and Downey, the appellant, Ipswich City Council, sought to compulsorily acquire land from the respondents under the Acquisition of Land Act 1967 (Qld). The respondents contested the valuation of the compensation, specifically arguing that the market value of their land should not be assessed with regard to a particular purpose for which the land was required. The case was heard and determined in the Queensland Court of Appeal. The primary legal issue before the court was whether the compulsory acquisition of the respondents' land was the result of a "scheme" which came into existence in July 2003, and if so, whether the planning designations for the respondents' land were a consequence of the appellant's decision to undertake the scheme for a connection road. This, in turn, affected the assessment of compensation under section 20 of the Acquisition of Land Act 1967 (Qld).

The court examined the evidence and found that the appellant's decision to undertake the scheme for a connection road was made prior to the planning designations for the respondents' land. The court held that the appellant's decision to undertake the scheme did not come into existence until July 2003, and thus, the acquisition of the respondents' land was not the result of that scheme. Furthermore, the court found that the planning designations for the respondents' land were not a consequence of the appellant's decision to undertake the scheme for a connection road. As a result, the court concluded that the market value of the respondents' land should be assessed without regard to the purpose for which the land was required. The appeal was dismissed with costs, including reserved costs.