Nelson v Commissioner of Highways (No 2)

In the matter of Nelson v Commissioner of Highways (No 2), the court was tasked with determining compensation claims made by Mr Nelson following the compulsory acquisition of his land by the Commissioner of Highways. The primary legal issues revolved around the assessment of compensation for various claims including lost wages, reduced rent and salary, rates and taxes on the acquired land, and the time spent by Mr Nelson as a consequence of the acquisition.

The court examined the validity of Mr Nelson's claims for lost wages, reduced rental income, and additional costs incurred due to the compulsory acquisition. It was determined that Mr Nelson was entitled to compensation for SA Water charges and rates and taxes on the acquired land for specific periods. However, the claim for lost wages as the manager of his business was dismissed as there was no evidence of such a role or income. The court also found that the claim for reduced rent and salary was not substantiated by the evidence provided.

Regarding the time spent by Mr Nelson as a consequence of the acquisition, the court accepted that he was entitled to some compensation for time spent in activities such as performing a stocktake, closing the business, and searching for alternative sites. However, the court reduced the claimed amount from $20,910 to $10,000, based on a broad assessment of the reasonable time spent on these activities. The court concluded that some of the claimed time, such as that spent by an employee who was not a claimant, was not compensable.

The final orders of the court granted Mr Nelson compensation for SA Water charges to the tune of $106.56 for the period 14 June to 30 June 2014 and for rates and taxes totalling $3,455.97 for the period after 13 March 2014. The court also awarded Mr Nelson $10,000 for time spent as a consequence of the acquisition, reflecting a reduction from the originally claimed amount.