The Department of Transport and Main Roads resumed land for highway upgrades running the length of the northern boundary of land owned by Aurizon. The parties valuers disagreed as to the primary methodology for valuing the land, the applicant asserted that the hypothetical development method was the primary methodology whereas the respondent asserted that the comparable sales method was the primary methodology.
The Court determined that the before and after comparable sales method was more reliable on the facts of the matter.
Rob Anderson KC (leading J Brien) appeared for the respondent, instructed by Clayton Utz.
John Ware (with D Gore KC) appeared for the applicant, instructed by Corrs Chambers Westgarth.
The judgment is published here.