Vass and Lambert v Coordinator-General

The case of Vass and Lambert v Coordinator-General involved the applicants, Vass and Lambert, who were seeking compensation for the resumption of their land and business. The dispute was heard by the Land Court of New South Wales. The applicants, who operated a hairdressing salon, claimed that the land and business were resumed for public purposes, and they sought compensation based on the valuation of their business and the cost of relocating their salon. The Coordinator-General, acting on behalf of the state, argued that the relevant date for determining the value of the business and land was earlier than that claimed by the applicants, and that the compensation should be based on the extinguishment of their interest rather than the cost of relocation.

The primary legal issues before the court were the determination of the relevant date for assessing the value of the business and land, and the appropriate method of calculating compensation. The court had to decide whether the compensation should be based on the cost of extinguishing the applicants' interest or the cost of relocating the business, as well as the correct valuation date for these calculations. The applicants argued that the valuation should be based on the date of resumption, while the Coordinator-General contended that an earlier date should be used.

The court found that the relevant date for determining the value of the business and land was the date of resumption, as argued by the applicants. This decision was based on the principle that the valuation should reflect the actual circumstances at the time of resumption, rather than an earlier date that may not accurately represent the value. The court also held that the compensation should be calculated based on the cost of relocating the business, as opposed to the extinguishment of the applicants' interest. This decision was made on the basis that the cost of relocation more accurately reflected the loss suffered by the applicants. Consequently, the court ordered the Coordinator-General to pay the applicants $92,276.00 in compensation, together with interest to be determined having regard to the amount of advances paid, if any.