Secretary to the Department of Infrastructure v Williamstown Bay and River Cruises Pty Ltd

In the case of Secretary to the Department of Infrastructure v Williamstown Bay and River Cruises Pty Ltd, the dispute involved the valuation and compensation for the resumption of a business, specifically a river cruise operation, for the purposes of land acquisition under the Land Acquisition and Compensation Act 1986. The matter was referred to the Victorian Civil and Administrative Tribunal (VCAT) for resolution. Williamstown Bay and River Cruises Pty Ltd sought compensation for the loss of its business, including the value of the business, trading losses, and executive time.

The primary legal issues before the court were whether the findings of fact were supported by any probative evidence, whether the inferences reasonably open of the facts found were considered, and if the basis for the expert opinion evidence presented was proved. Additionally, the court needed to determine if the tribunal was justified in informing itself as it saw fit and whether the burden of proof and causation requirements were met under the Act.

The court found that the tribunal had not adequately established the basis for the expert opinion evidence regarding the value of the business, which was assessed using the discounted cash flow method. It was held that the tribunal should have considered whether the basis for the expert's opinion was proved, a crucial requirement in an expert tribunal with informal procedures. Furthermore, the tribunal's finding that the extinguishment of the business was a direct, natural, and reasonable consequence of the acquisition was not supported by the evidence. The tribunal also misapplied the law in assessing the executive time claim. As a result, the appeal was allowed, and the matter was remitted to VCAT for reconsideration.

The final orders of the court were that the appeal be allowed, the decision of VCAT be set aside, and the matter be remitted to VCAT for further consideration in accordance with the court's reasons.