Robin Wood Holdings Pty Ltd v Council of the City of Gold Coast

In the Land Court of Queensland, Robin Wood Holdings Pty Ltd sought compensation for land resumed by the Council of the City of Gold Coast for park purposes under the Acquisition of Land Act 1967. The land, situated at the intersection of Nerang Connection Road and the Pacific Highway at Nerang, was resumed on 8 November 1996. The claimant company initially claimed $250,987, which included the monetary equivalent of the value of the land, stamp duty, legal costs, and valuation fees, among others. During the hearing, the claimant amended the claim, excluding stamp duty, legal costs, and outlays, and reduced the valuation to $193,000.

The court heard from two town planners and two valuers. The town planners provided conflicting opinions on the highest and best use of the resumed land. The claimant's town planner, Mr Dredge, suggested that the land could have been reasonably expected to be approved for a low-intensity commercial use compatible with the adjoining parkland, had "Public Open Space" not been an option. Conversely, the respondent's town planner, Mr Perkins, opined that the highest and best use would have been a dwelling house with the possibility of a home occupation. The valuers also presented differing assessments, with the claimant's valuer, Mr Goggins, valuing the land at $190,000 and the respondent's valuer, Mr Lacey, at $110,000.

The court determined that the highest and best use of the resumed land would be for a commercial form of development, albeit low-intensity and compatible with the adjoining parkland. Considering the whole evidence, the court awarded compensation of $160,000 for the land and improvements and $3,000 for legal costs and valuation fees, totaling $163,000. The court also ordered interest to be paid on the compensation at the rate of 7 percent per annum, from the date of resumption until final payment.