SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCI 2011 0015 |
| THOMAS JAMES LOVE |
| v |
| ROADS CORPORATION |
---
| JUDGES | MAXWELL P, WHELAN and SANTAMARIA JJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 7 November 2013 |
| DATE OF JUDGMENT | 6 March 2014 |
| MEDIUM NEUTRAL CITATION | [2014] VSCA 30 |
| JUDGMENT APPEALED FROM | [2010] VSC 537 (Vickery J) |
---
LAND VALUATION AND COMPENSATION – Compulsory acquisition – Proposal for bypass road – Land used for agricultural purposes – Valuation according to highest and best use of land – Whether market value of land decreased because of bypass proposal – Whether land would otherwise have been used for quarrying and landfill – Planning panel recommended permit restrictions – Whether restrictions arose from bypass proposal – Pointe Gourde principle discussed – Land Acquisition and Compensation Act 1986 (Vic) s 43(1)(a).
APPEAL – Appeal limited to questions of law – Grounds of appeal in substance challenged findings of fact – Whether open to trial judge to make findings in question – Whether judge bound to make different findings – No error of law – Appeal dismissed – Land Acquisition and Compensation Act 1986 (Vic) s 89(2).
PRACTICE AND PROCEDURE – Trial – Final addresses – Directions to parties to file submissions in form of draft judgment – Plaintiff unrepresented – Whether procedurally unfair – No breach of natural justice – Procedure undesirable and not to be followed.
EVIDENCE – Opinion – Planning panel – What recommendations likely to have been made by panel if circumstances different – Proposed evidence from Planning Minister about likely outcome – No specialised knowledge – Opinion evidence inadmissible – Evidence Act 2008 (Vic) ss 76, 79.
---
| Appearances: | Counsel | Solicitors |
| For the Appellant | Mr A Graeme Uren QC Ms L Martin | Blue Rock Law |
| For the Respondent | Mr J Delaney SC Mr D Batt SC Mr P Chiappi | Garland Hawthorn Brahe |
MAXWELL P
WHELAN JA
SANTAMARIA JA:
The appellant, Mr Love, owns land in Cooper Street, Epping. On 11 February 2002 part of that land was compulsorily acquired by the respondent, the Roads Corporation. The purpose of the acquisition was the construction of a new section of the Hume freeway, referred to as the Craigieburn Bypass. As a consequence of the acquisition Mr Love became entitled to compensation under s 30 of the Land Acquisition Compensation Act 1986 (Vic) (‘the LAC Act’).
Section 41 of the LAC Act provides that in assessing the amount of compensation payable regard must be had to the ‘market value’ of the claimant’s interest ‘on the date of acquisition’. ‘Market value’ is defined by s 40 as ‘the amount of money that would have been paid for that interest if it had been sold on that date by a willing but not anxious seller to a willing but not anxious purchaser’.
Because the acquired land was less than the whole of the land owned by Mr Love, pursuant to s 41(3) of the LAC Act the market value of the acquired interest is the difference between the…
Keep reading for free
Create a free CaseChat account to read Love v Roads Corporation and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2014] VSCA 30
- Decision Date
CaseChat Overview and Summary
The court examined whether the restrictions recommended by the planning panel arose from the bypass proposal and considered the Pointe Gourde principle, which suggests that a compulsory acquisition does not lower the market value of the land. The court concluded that there was no error of law in the trial judge's findings, and the appeal was dismissed. The court also noted that the procedure of directing parties to file submissions in the form of a draft judgment was undesirable and should not be followed in future cases. Additionally, the court held that opinion evidence regarding what the planning panel might have recommended under different circumstances was inadmissible, as it did not possess specialised knowledge.
The Supreme Court found that the proposed evidence from the Planning Minister about the likely outcome if circumstances had been different was not admissible under the Evidence Act 2008 (Vic) sections 76 and 79. The court also held that the procedure followed during the trial, where the plaintiff was unrepresented and the parties were directed to file submissions in the form of a draft judgment, did not breach the principles of natural justice. The court clarified that while the procedure was undesirable, it did not amount to a breach of natural justice in this particular case. The appeal was ultimately dismissed, and the lower court's decision was affirmed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.