McDonald's Australia Limited v Transport Infrastructure Development Corporation

McDonald's Australia Limited, trading as a fast-food restaurant, sought compensation from the Transport Infrastructure Development Corporation for the compulsory acquisition of their property in Sydney. The property was acquired to facilitate a road project under the Roads Act 1993 (NSW). The matter was determined by the Supreme Court of New South Wales. The legal issues before the Court involved the quantification of compensation payable to the Applicant under the Just Terms Act 1991 (NSW), which mandates that compensation for compulsory acquisition of property be fair and just. The Court needed to determine the appropriate amount of compensation, considering the market value of the property, the potential loss of profits, and the impact of the acquisition on the business operations.

The Court examined evidence and submissions from both parties, focusing on the market value of the property and the impact of the acquisition on McDonald's business. It assessed the evidence regarding the property's market value and the potential loss of profits due to the acquisition. The Court considered the impact of the road project on the business, including the loss of customer access and the potential for reduced profitability. The Court applied the principles of the Just Terms Act, which require compensation to be fair and just, taking into account the market value of the property and the potential loss of profits. The Court determined that the compensation payable to McDonald's Australia Limited was $1,177,983.09. The Court also reserved the matter of costs and directed that the exhibits be returned.