Piggott v Fraser Coast Regional Council - [2012] QLC 69

LAND COURT OF QUEENSLAND

CITATION: Piggott v Fraser Coast Regional Council [2012] QLC 69

PARTIES:
William John Piggott
(applicant)

v.

Fraser Coast Regional Council
(respondent)

FILE NO: AQL125-11

DIVISION: General Division

PROCEEDING: Determination of compensation payable for compulsory acquisition of land

DELIVERED ON: 7 December 2012

DELIVERED AT: Brisbane

HEARD AT: Brisbane

MEMBER: Mr PA Smith

ORDERS:
1. Compensation is determined in the initial amount of Two Hundred and Sixty Thousand Dollars ($260,000).

2. The Court will hear from the parties as regards final determination of the quantum of disbursements and interest, and as to costs.

CATCHWORDS:
RESUMPTION – Acquisition of land by Local Authority for parkland – Determination of compensation under s.20 Acquisition of Land Act 1967

INTEREST IN LAND – Claimant held freehold title to resumed land – was claimant’s interest impacted by a 1973 Planning Approval

NATURE OF INTEREST IN RESUMED LAND – whether claimant under an obligation to transfer resumed land to Local Authority / the Crown

TRUSTS – whether claimant held land on trust for the Local Authority / the Crown

PALNNING APPROVAL – construction of – Local Government Act 1936 – status of Application for Planning Approval and Application Plans

EVIDENCE – Extrinsic evidence – the extent to which extrinsic evidence can be relied on to assist in the interpretation of a planning approval

LAND COURT – Land Court Act 2000 – s.7 – Land Court to be guided by equity and good conscience – s.7 frees Land Court from more technical constraints of superior courts – Land Court obtains its jurisdiction strictly from statutes – s.7 does not enhance jurisdiction of Land Court

Acquisition of Land Act 1967, s.20
Land Court Act 2000, s.7
Local Government Act 1936

Cox v Commissioner of Water Resources (1992) 14 QLCR 304
Hawkins and Izzard v Permarig Pty Ltd & Brisbane City Council [No 1] (2001) QPELR 414
Leichhardt Municipal Council v Terminals Pty Limited (1970) 21 LGERA 44
Maroochydore Central Holdings Pty Ltd (No. 2) v Maroochy Shire Council [2007] 28 QLCR 6
Mentech Resources Pty Ltd v MCG Resources Pty Ltd (In Liq) & Ors [2012] QLAC 0001
Mulgrave Shire Council v Red Hills Pty Ltd (1994) 83 LGERA 323
Serenity Lakes Noosa Pty Ltd v Noosa Shire Council [2007] QPEC 005
Shroff v McSporran (1977) 65 LGRA 33
Shell Company of Australia Ltd v Parramatta City Council [No. 2] (1992) 2 NSWLR 632
Spencer v The Commonwealth (1907) 5 CLR 418
Sydney Serviced Apartments v North Sydney Municipal Council [No 2] (1993) 78 LGERA 404
Townsville City Council v Chief Executive, Department of Main Roads [2006] 1 Qd R 77
Woolworths Ltd v Campbells Cash & Carry Pty Ltd (1996) 92 LGERA 244

APPEARANCES: MA Williamson of Counsel for the applicant
RC Morton and A Katsikalis of Counsel for the respondent

SOLICITORS: MRH Lawyers for the applicant
Morton & Morton for the respondent

Background

At first glance, this case appears deceptively straightforward. It involves the determination of compensation payable to the applicant…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2012] QLC 69
Decision Date: 7 December 2012

CaseChat Overview and Summary

Piggott v Fraser Coast Regional Council involved a dispute over the compensation owed for land acquired by the Fraser Coast Regional Council for parkland purposes. The claimant, Mr. Piggott, held freehold title to the land and contested the council's determination of compensation under section 20 of the Acquisition of Land Act 1967. Central to the dispute was whether a 1973 planning approval had affected Mr. Piggott's interest in the land, specifically if he was under an obligation to transfer the land to the council or the Crown and if he held the land on trust for them. The case also examined the nature and construction of the planning approval under the Local Government Act 1936, the status of the application for planning approval and accompanying plans, and the extent to which extrinsic evidence could be used to interpret the approval. The Land Court's jurisdiction and its guiding principles, particularly those of equity and good conscience as outlined in section 7 of the Land Court Act 2000, were also significant in the proceedings.

The court had to determine several key legal issues. It had to assess the impact of the 1973 planning approval on Mr. Piggott's interest in the resumed land, including whether the approval imposed any obligations on him to transfer the land to the council or hold it on trust for them. Additionally, the court needed to interpret the planning approval, including the application for planning approval and the application plans, considering the admissibility and weight of extrinsic evidence. The court also had to determine the appropriate compensation for the resumed land, guided by equity, good conscience, and statutory provisions, while ensuring its decisions aligned with the Land Court's jurisdiction and powers.

In its decision, the court concluded that the 1973 planning approval did not impose any obligation on Mr. Piggott to transfer the resumed land to the council or hold it on trust for them. The planning approval was interpreted based on the intrinsic evidence, with extrinsic evidence considered to a limited extent. The court found that the compensation for the resumed land should reflect its value at the time of acquisition, considering factors such as market conditions and the specific characteristics of the land. The court determined the initial compensation amount to be Two Hundred and Sixty Thousand Dollars ($260,000) and scheduled further hearings to address the final determination of disbursements, interest, and costs. This approach balanced the statutory requirements with the principles of equity and good conscience, ensuring a fair resolution in line with the court's jurisdiction and powers.

Orders

Orders of the court

1. Compensation is determined in the initial amount of Two Hundred and Sixty Thousand Dollars ($260,000).

2. The Court will hear from the parties as regards final determination of the quantum of disbursements and interest, and as to costs.

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.

CITATION:	Piggott v Fraser Coast Regional Council [2012] QLC 69
PARTIES:	William John Piggott (applicant)
v.
Fraser Coast Regional Council (respondent)
FILE NO:	AQL125-11
DIVISION:	General Division
PROCEEDING:	Determination of compensation payable for compulsory acquisition of land
DELIVERED ON:	7 December 2012
DELIVERED AT:	Brisbane
HEARD AT:	Brisbane
MEMBER:	Mr PA Smith
ORDERS:	1. Compensation is determined in the initial amount of Two Hundred and Sixty Thousand Dollars ($260,000). 2. The Court will hear from the parties as regards final determination of the quantum of disbursements and interest, and as to costs.
CATCHWORDS:	RESUMPTION – Acquisition of land by Local Authority for parkland – Determination of compensation under s.20 Acquisition of Land Act 1967 INTEREST IN LAND – Claimant held freehold title to resumed land – was claimant’s interest impacted by a 1973 Planning Approval NATURE OF INTEREST IN RESUMED LAND – whether claimant under an obligation to transfer resumed land to Local Authority / the Crown TRUSTS – whether claimant held land on trust for the Local Authority / the Crown PALNNING APPROVAL – construction of – Local Government Act 1936 – status of Application for Planning Approval and Application Plans EVIDENCE – Extrinsic evidence – the extent to which extrinsic evidence can be relied on to assist in the interpretation of a planning approval LAND COURT – Land Court Act 2000 – s.7 – Land Court to be guided by equity and good conscience – s.7 frees Land Court from more technical constraints of superior courts – Land Court obtains its jurisdiction strictly from statutes – s.7 does not enhance jurisdiction of Land Court Acquisition of Land Act 1967, s.20 Land Court Act 2000, s.7 Local Government Act 1936 Cox v Commissioner of Water Resources (1992) 14 QLCR 304 Hawkins and Izzard v Permarig Pty Ltd & Brisbane City Council [No 1] (2001) QPELR 414 Leichhardt Municipal Council v Terminals Pty Limited (1970) 21 LGERA 44 Maroochydore Central Holdings Pty Ltd (No. 2) v Maroochy Shire Council [2007] 28 QLCR 6 Mentech Resources Pty Ltd v MCG Resources Pty Ltd (In Liq) & Ors [2012] QLAC 0001 Mulgrave Shire Council v Red Hills Pty Ltd (1994) 83 LGERA 323 Serenity Lakes Noosa Pty Ltd v Noosa Shire Council [2007] QPEC 005 Shroff v McSporran (1977) 65 LGRA 33 Shell Company of Australia Ltd v Parramatta City Council [No. 2] (1992) 2 NSWLR 632 Spencer v The Commonwealth (1907) 5 CLR 418 Sydney Serviced Apartments v North Sydney Municipal Council [No 2] (1993) 78 LGERA 404 Townsville City Council v Chief Executive, Department of Main Roads [2006] 1 Qd R 77 Woolworths Ltd v Campbells Cash & Carry Pty Ltd (1996) 92 LGERA 244
APPEARANCES:	MA Williamson of Counsel for the applicant RC Morton and A Katsikalis of Counsel for the respondent
SOLICITORS:	MRH Lawyers for the applicant Morton & Morton for the respondent