Rob Anderson KC and John Ware represented the successful respondent, instructed by the Department of Transport and Main Roads.
This proceeding concerned an application to dismiss an Originating Application which in turn sought declarations about a compensation claim arising from the resumption of land, under the Acquisition of Land Act 1967 (the ‘Act’). The Land Court allowed the application to dismiss for want of jurisdiction. The Court held that, although the applicants had obtained an assignment of the compensation claim before filing the Originating Application, they had not served a claim for compensation based on that interest before commencing the proceeding. The Court found that, at the time the Originating Application was filed, the applicants were not “claimants” within the meaning of the Act, meaning the Court lacked jurisdiction; this was a fundamental defect that could not be retrospectively cured by the later service of a compensation claim. Accordingly, the Originating Application was set aside.
The judgment can be read by clicking here
