Rob Anderson KC (leading WDJ Macintosh) appeared for the appellant, instructed by HWL Ebsworth.
The primary legal issues considered were whether compensation under s 16(1A) of the Acquisition of Land Act 1967 (Qld) (‘ALA’) is limited to legal valuation, or other professional costs reasonably incurred in connection with the consideration or preparation of a claim for compensation, whether s 16(1C) of the ALA limits compensation to amounts recoverable under the costs assessment regime in Chapter 17A of the Uniform Civil Procedure Rules 1999 (Qld) and whether the phrase ‘costs and expenses’ in s 16(1A) includes broader financial losses or is confined to professional fees and disbursements.
The Court made orders, allowing the appeal, that s 16(1A) of the ALA was not limited to legal valuation, or other professional costs reasonably incurred in connection with the consideration or preparation of a claim for compensation, and the matter was to be remitted to the Land Court for further determination according to the law.
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