LAND COURT OF QUEENSLAND
CITATION: Lim v Moreton Bay Regional Council [2019] QLC 2 PARTIES: Edwin Villa Abrille Lim
(applicant)v Moreton Bay Regional Council
(respondent)FILE NO: AQL177-17 DIVISION: General Division PROCEEDING: Claim for compensation payable pursuant to the Acquisition of Land Act 1967 as a consequence of the taking of land DELIVERED ON: 25 January 2019 DELIVERED AT: Brisbane HEARD ON: 11, 12 & 13 April 2018
Submissions closed 23 May 2018HEARD AT: Brisbane MEMBER: PA Smith ORDERS: 1. Compensation is determined in the amount of Two Hundred and Fifty Five Thousand, Six Hundred and Seventy Dollars ($255,670).
2. In addition, interest is also awarded on the amount determined by the Court, the amount of such interest to be agreed as between the applicant and the respondent or, failing agreement, to be determined by the Court. In the event that the quantum of interest is not agreed between the parties by 15 February 2019, the parties are each to file and serve a statement and submissions detailing their assessment, with full calculations, as to what amount the proper award of interest should be. Any such statements and submissions are to be filed and served by no later than 4:00pm on 1 March 2019.
3. Any party seeking costs is to file and serve their submissions as to costs by 4:00pm, 15 February 2019. Any submissions in response are to be filed and served by 4:00pm on 22 February 2019 and any submissions in reply are to be filed and served by 4:00pm on 1 March 2019.
CATCHWORDS: REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – PROCEEDINGS FOR COMPENSATION – QUEENSLAND – JURISDICTION OF THE LAND COURT – where value in the Acquisition of Land Act 1967 is market value – where irrelevant considerations had to be removed from value – where relevant considerations were not properly taken into account – whether disturbance is a relevant consideration – where only the respondent called valuation expert evidence – where any confidential statements arising out of mediation put into evidence had to be disregarded – where party inappropriately used facts in their submissions which were not in evidence at the hearing
REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – COMPENSATION – ASSESSMENT – PART OF LAND ACQUIRED – resumption of only part of land – where land acquired for flood mitigation purposes – where Council had a scheme of resumption in place – where the land at the time of resumption was zoned rural – where land subject to flooding – where comparable sales relied upon to determine value – where town planning evidence is a relevant consideration – where the highest and best use and development potential of the resumed land are in dispute – where applicant sought to rely upon sales of properties to the resuming authority – where respondent’s valuer valued resuming authority’s purchases – whether it is appropriate to have regard to such sales – principles considered
REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – COMPENSATION…
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- Case
- [2019] QLC 2
- Decision Date
CaseChat Overview and Summary
The court examined whether the relevant considerations were properly taken into account when determining the compensation. It found that the expert evidence provided by the Council did not adequately consider certain factors such as the highest and best use of the land, the development potential, and the impact of the land being subject to flooding. The court also considered the admissibility of expert evidence and whether the expert was truly independent, given their prior employment relationship with the Council. The court concluded that while the Council's expert evidence was flawed, it did not warrant a complete disregard of their assessment. Instead, the court determined that the compensation should be based on a market value approach, adjusted for relevant considerations.
The court awarded Lim compensation of Two Hundred and Fifty Five Thousand, Six Hundred and Seventy Dollars ($255,670), with interest on this amount to be determined by agreement or, if necessary, by the court. The court also set out a timeline for the parties to file and serve their submissions regarding interest and costs. This decision highlights the importance of properly considering relevant factors in determining compensation for land acquisition and the admissibility of expert evidence in such proceedings.
Orders
Orders of the court
1. Compensation is determined in the amount of Two Hundred and Fifty Five Thousand, Six Hundred and Seventy Dollars ($255,670).
2. In addition, interest is also awarded on the amount determined by the Court, the amount of such interest to be agreed as between the applicant and the respondent or, failing agreement, to be determined by the Court. In the event that the quantum of interest is not agreed between the parties by 15 February 2019, the parties are each to file and serve a statement and submissions detailing their assessment, with full calculations, as to what amount the proper award of interest should be. Any such statements and submissions are to be filed and served by no later than 4:00pm on 1 March 2019.
3. Any party seeking costs is to file and serve their submissions as to costs by 4:00pm, 15 February 2019. Any submissions in response are to be filed and served by 4:00pm on 22 February 2019 and any submissions in reply are to be filed and served by 4:00pm on 1 March 2019.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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