Nicoletti v Western Australian Planning Commission

The plaintiffs, owners of land in the City of Armadale, brought an action against the Western Australian Planning Commission, seeking compensation for what they claimed was injurious affection to their land caused by changes to the Metropolitan Region Town Planning Scheme. The primary issue was whether the plaintiffs were permitted to bring multiple claims for injurious affection under the relevant legislation. The court needed to determine if the statutory scheme allowed for more than one claim of injurious affection by the same party, given that the plaintiffs had already brought a successful claim for a portion of their land.

The court examined the statutory language of the Metropolitan Region Town Planning Scheme Act 1959 (WA), particularly section 36, which deals with injurious affection. The plaintiffs argued that the statutory scheme allowed for more than one claim, while the Commission contended that the scheme permitted only a single claim for injurious affection. The court found that the statutory scheme did not explicitly prohibit multiple claims but also did not explicitly permit them. The court concluded that the scheme should be interpreted in a way that allowed for reasonable claims of injurious affection where warranted, and the plaintiffs were entitled to bring a claim for the remaining portion of their land.

The court held that the plaintiffs were permitted to bring a further claim for injurious affection in relation to the remaining portion of their land. The court found that the statutory scheme allowed for multiple claims where the circumstances justified it, and the plaintiffs' situation warranted a second claim. The court emphasised that each claim must be assessed on its own merits, and the fact that a previous claim was successful did not automatically entitle the plaintiffs to another claim. The court granted the plaintiffs permission to bring a further claim for injurious affection for the remaining portion of their land.