Pott v The Commissioner for Railways; Hermann v The Commissioner for Railways

The case involved four claims for compensation by Edmund Douglas Pott and Peter Ulrich Conrad Hermann against The Commissioner for Railways for the taking of their lands for railway purposes. The claims were heard together in the Land Court of Brisbane. The court had to determine whether the railway construction had caused an alteration in the flow patterns of the subject lands in times of rainfall, minor flooding, and major flooding, and if so, whether it had caused any damage to the landholders. The claimants argued that the railway construction had increased the level of flooding, which would cause damage to the land. The respondents argued that the railway construction had not caused any damage to the land and that the highest and best use of the land was for agricultural pursuits. The court found that the railway construction had not caused any damage to the land and that the highest and best use of the land was for agricultural pursuits. The court awarded compensation to the claimants based on the value of the land taken and the damage, if any, caused by the severing of the land taken from other land of the claimants. The court also awarded compensation for the loss of time incurred by Mr Pott in checking that his boundary with the new railway works was stock proof and in mustering his cattle from adjoining lands when the fences were down. The court granted the Solicitor for the respondent liberty to make a written application for costs together with submissions why an order for costs should be made.