Melbourne City Link Authority v Teford Pty Ltd

Melbourne City Link Authority sought compensation from Teford Pty Ltd for land acquired under the Transport Infrastructure (Acquisition of Land) Act 1973. The dispute centred on the valuation of the lessor's interest in the land, specifically the "marriage value" and the loss attributable to the disturbance caused by the acquisition. The case was heard in the Supreme Court of Victoria.

The primary legal issues revolved around whether the Tribunal had the authority to allow for an increment in the valuation of the lessor's interest to account for the "marriage value." Additionally, the court had to determine if it was appropriate to permit the claimant to recover stamp duty paid on the purchase of a third property, given that the purchase prices of the first two properties exceeded the value of the acquired land. The court needed to decide whether the claimant's valuer's valuation was the appropriate criterion for determining the compensation.

The court held that the Tribunal did have the discretion to allow for an increment in the valuation of the lessor's interest to account for the "marriage value." This decision was based on the understanding that the "marriage value" was a legitimate consideration in the valuation process. Furthermore, the court found that it was permissible to allow the claimant to recover stamp duty on the third property, as the criterion for compensation was not limited to the claimant's valuer's valuation. The court concluded that the claimant's valuation could be set aside if it was deemed not to reflect the true value of the land.

The court ordered Melbourne City Link Authority to pay Teford Pty Ltd compensation that included an increment for the "marriage value" and allowed for the recovery of stamp duty on the third property. The specific amounts awarded were determined based on the court's findings regarding the valuation of the land and the appropriate criteria for compensation.