Kirela Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979

Kirela Pty Ltd (the landowner) appealed to the Court of Appeal of New South Wales against a decision of the Supreme Court concerning the compensation payable for the compulsory acquisition of its land by the Minister administering the *Environmental Planning and Assessment Act 1979* (NSW). The dispute centred on the valuation of the land and the assessment of compensation under the *Land Acquisition (Just Terms Compensation) Act 1991* (NSW).

The primary legal issues before the Court of Appeal were whether the compensation amount determined by the Supreme Court had been calculated in accordance with the *Land Acquisition (Just Terms Compensation) Act 1991*, whether all relevant evidence had been taken into account, and specifically, whether fees paid by the landowner to a town planner and a surveyor constituted a loss attributable to disturbance or were costs incurred relating to the actual use of the land. A further procedural issue arose concerning a submission made by the landowner after the trial but before judgment, and whether the trial judge had wrongly taken this submission into account.

The Court of Appeal dismissed the appeal, upholding the Supreme Court's decision. The Court reasoned that the fees paid to the town planner and surveyor were not losses attributable to disturbance, but rather costs incurred in relation to the actual use of the land, and therefore not compensable under the relevant provisions of the Act. The Court also found that the trial judge had not erred in considering the post-trial submission, as it did not introduce new evidence or alter the fundamental basis of the case. The principles applied focused on the interpretation of the *Land Acquisition (Just Terms Compensation) Act 1991*, particularly concerning the heads of compensation for disturbance.

The appeal was dismissed with costs.