Sorrento Medical Service Pty Ltd v Chief Executive, Department of Main Roads
[2007] QCA 73
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Claim for compensation under Acquisition of Land Act for resumption of land held on licence for car park; no estate or interest in the resumed land therefore Land Court has no jurisdiction to hear application: Trickett P of Land Court.
Primary Judgment
[2006] QLAC 16 (2006) 27 QLCR 51
31 Mar 2006
Appeal from decision of the Land Court in [2005] QLC 33 that the Land Court has no jurisdiction to hear and determine a claim for compensation under the Acquisition of Land Act; the words "estate and interest" as used in s 12(5) of the Act should be interpreted to mean rights of a proprietary or quasi-proprietary nature: appeal dismissed: Philippides J, Members Scott and MacDonald.
Primary Judgment
[2006] QLAC 25 (2006) 27 QLCR 108
11 May 2006
Costs following judgment in [2006] QLAC 16; appellant pay costs on standard basis: Philippides J, Members Scott and MacDonald.
QCA Interlocutory Judgment
CA3944/06 (No Citation)
14 Nov 2006
Leave to appeal granted pursuant to s 74(2) and 75 Land Court Act: McMurdo P, Holmes JA and Chesterman J.
Appeal from [2006] QLAC 16; appeal allowed and remitted to Land Court for determination; application for compensation under Acquisition of Land Act; the appellant is entitled to claim compensation under the Act in respect of land resumed by the respondent over which the appellant had car parking rights for its medical centre because the appellant had a right or power over or in relation to the land taken by the respondent: McMurdo P, Holmes JA and Chesterman J (Holmes JA dissenting).
Special Leave Refused (HCA)
[2007] HCATrans 474
31 Aug 2007
Special leave refused with costs; no error in law in holding that the words “interest of every person entitled to the whole or any part of the land” appearing in section 12(5) of the Acquisition of Land Act extended to an interest by way of contractual licence to park cars on the acquired land; Court does not consider that an appeal would enjoy reasonable prospects of success: Kirby, Hayne and Crennan JJ (Crennan J dissenting).
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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