Kabale Holdings Pty Ltd v Director-General, Department of Transport

Kabale Holdings Pty Ltd (Kabale) sought compensation from the Director-General, Department of Transport (DOT) for the resumption of a strip of land for road purposes under the Acquisition of Land Act 1967. Kabale claimed compensation for loss of land, injurious affection, disturbance, and damages for delay and loss of opportunity. The court had to decide the appropriate compensation for the resumed land, taking into account the value of the estate or interest of the claimant in the land taken on the date when it was taken, as well as any damage caused by severance and injurious affection.

The court found that compensation for land, severance, and injurious affection was to be determined in the sum of $1,465,000. For disturbance, the court rejected Kabale's claims for damages for delay and loss of opportunity, as well as special damages. The court awarded Kabale compensation under all headings in the sum of $1,539,878, with interest at the rate of ten percentum per annum from the date of resumption to the date of payment. The court also ordered that an advance payment of $1 million made by DOT on 17 December 1993 be taken into account in the calculation of interest.