Chief Executive, Department of Transport and Main Roads v The Young Men's Christian Association of Brisbane
[2012] QCA 311
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A 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 39
23 Jun 2011
The 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 3
27 Apr 2012
Appeal 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 4
15 Jun 2012
Final orders and costs orders: Peter Lyons J, Mr PA Smith, Mr WA Isdale.