QM Properties Pty Ltd v The Crown - [1992] QLC 35

[1992] QLC 35

LAND COURT
BRISBANE
9 September 1992

Re:      In the matter of the determination of the compensation payable
           upon resumption by the Crown for School purposes under the
provisions of the Acquisition of Land Act 1967 of an area
           of 6.631 hectares being Lot 767 on Plan 842574, County of
           Stanley, Parish of Burpengary (A91-100)

QM Properties Pty Ltd

v

The Crown

O R D E R

On the application in writing of the parties for orders by consent the Court makes the following orders:

1.The Crown shall pay the claimant, QM Properties Pty Ltd, the sum of one million and forty five thousand dollars ($1,045,000.00) in full satisfaction and discharge of all claims of the claimant ("the agreed sum").

2.The sum of four hundred and eighty seven thousand two hundred dollars ($487,200.00) having already been paid by the Crown and received by the claimant, the Crown shall pay to the claimant the balance of the agreed sum, five hundred and fifty seven thousand and eight hundred dollars ($557,800.00).

3.If the balance of the agreed sum is not paid by 1 October 1992, then interest at ten percent (10%) per annum on the balance of the agreed sum shall be calculated and payable by the Crown to the claimant from that date.

The Court makes no order as to costs.

Member of the Land Court.

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.

Continue reading QM Properties Pty Ltd v The Crown

Details

AGLC: QM Properties Pty Ltd v The Crown [1992] QLC 35
Case: [1992] QLC 35
Decision Date: 9 September 1992

CaseChat Overview and Summary

In this case, QM Properties Pty Ltd sought compensation from the Crown for land acquired for school purposes under the Acquisition of Land Act 1967. The dispute centred on determining the appropriate compensation for an area of 6.631 hectares located in the County of Stanley, Parish of Burpengary. The Land Court was tasked with deciding the compensation payable, following an application in writing by both parties for orders by consent.

The legal issues at hand involved assessing the value of the land and determining the appropriate compensation amount under the relevant legislation. The Court had to consider the agreed sum and the conditions under which it would be paid, including the calculation of interest if the payment was not made by the specified date.

The Court accepted the terms proposed by the parties and made orders accordingly. The Crown was required to pay the claimant, QM Properties Pty Ltd, a total of $1,045,000.00, with $487,200.00 already paid and the balance of $557,800.00 to be paid by 1 October 1992. If the balance was not paid by the specified date, interest at a rate of ten percent per annum would be calculated and payable by the Crown to the claimant. The Court did not make any order as to costs.

The Court's decision was to enforce the terms of the agreement between the parties, ensuring that the compensation was paid in full and on time, with interest applied if necessary. The agreed sum of $1,045,000.00 was to be satisfied and discharged of all claims, with the specified payment schedule and interest conditions.

Orders