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Chief Executive, Department of Transport and Main Roads v The Young Men's Christian Association of Brisbane[2012] QCA 311

Reported at [2014] 1 Qd R 129

Chief Executive, Department of Transport and Main Roads v The Young Men's Christian Association of Brisbane[2012] QCA 311

Reported at [2014] 1 Qd R 129
CITATION: Chief Executive, Department of Transport and Main Roads v The Young Men's Christian Association of Brisbane [2012] QCA 311
JUDGE(S): Fraser JA, Gotterson JA, Daubney J
DELIVERED ON: 13 November 2012
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Editorial Notes

  • Published Case Name:

    Chief Executive, Department of Transport and Main Roads v The Young Men's Christian Association of Brisbane

  • Shortened Case Name:

    Chief Executive, Department of Transport and Main Roads v The Young Men's Christian Association of Brisbane

  • Reported Citation:

    [2014] 1 Qd R 129

  • MNC:

    [2012] QCA 311

  • Court:

    QCA

  • Judge(s):

    Fraser JA, Gotterson JA, Daubney J

  • Date:

    13 Nov 2012

Litigation History

EventCitation or FileDateNotes
Primary JudgmentLC (No citation)05 Jan 2010A dispute arose as to the compensation payable to the YMCA for the resumption of certain land. The Land Court ordered that a separate issue be determined by way of a preliminary hearing as to the construction of s.18(5) of the Acquisition of Land Act 1967. of
Primary Judgment[2011] QLC 3923 Jun 2011The separate issues were answered, in part, that the YMCA was not precluded from claiming compensation for the actual damage suffered by them as a consequence of the resumption. The amount of actual damage caused to the YMCA as trustee can include the costs of reinstatement of their operations on other land: Mr WL Cochrane, Member.
Primary Judgment[2012] QLAC 327 Apr 2012Appeal allowed. Orders below set aside. Section 18(5) of the Acquisition of Land Act 1967 (Qld), on its proper interpretation, does not preclude, in a case where land was held by a trustee under a Deed of Grant in trust under the Land Act 1994 (Qld), the assessment of compensation for the resumption of that land by reference to the costs of the reinstatement of the claimant's operation to another site: Peter Lyons J, Mr PA Smith, Mr WA Isdale.
Primary Judgment[2012] QLAC 415 Jun 2012Final orders and costs orders: Peter Lyons J, Mr PA Smith, Mr WA Isdale.
Appeal Determined (QCA)[2012] QCA 311 [2014] 1 Qd R 129, (2012) 191 LGERA 25513 Nov 2012Leave to appeal granted. Appeal dismissed: Fraser JA, Gotterson JA, Daubney J.

Appeal Status

Appeal Determined (QCA)

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