Rob Anderson KC (leading JS Brien) represented the first respondent, instructed by Ashurst.
The appellant appealed a decision of the Land Court that held they did not have a right to compensation for the resumption of specified land for the Cross River Rail. The appellant sought to set aside the orders and in lieu, argued that by operation of the Deed of Assignment they have, and may exercise, the right to compensation under the Acquisition of Land Act 1967 (Qld) that was formerly held by the previous owner.
The Land Appeal Court held that it was appropriate to set the Land Court’s orders aside. The Land Court had misunderstood the appellant’s position — the appellant did not seek to claim compensation in its own right. Rather, the appellant through the Deed of Assignment has a right to claim compensation in respect of the resumption. The claim is to be assessed objectively by the Land Court on the basis that the appellant now stands in the position of the previous owner at the time the right to claim compensation arose.
The judgment can be read by clicking here
