Director-General, Department of Transport v Hibiscus Holdings Pty Ltd [1997] QLAC 123 (1997-1998) 18 QLCR 105

IN THE LAND APPEAL COURT BRISBANE Re: An appeal from a determination of the Land Court - Acquisition of Land Act 1967 - Compensation payable consequent upon a resumption of land. A92-5. BETWEEN: Director-General, Department of Transport and Hibiscus Holdings Pty Ltd Appellant Respondent REASONS FOR JUDGMENT - JJ TRICKETT Delivered this Fifteenth day of August 1997. I have had the benefit of reading the judgment of Mr Wenck, with which I agree. I have also had the benefit of reading the judgment of Fryberg J. who arrived at much the same determination of compensation by adopting somewhat different means. Fryberg J. took the view that as neither of the parties to this appeal challenged the "before" valuation of $937,347, this Court should not go behind the capitalisation rate adopted in the Land Court. However, Mr Wenck came to the conclusion that the approach adopted by the Land Court made no allowance for the value which should be attributed to the additional area of unused land in the "before" valuation. If that approach was adopted, then the "before" valuation would be higher, consequently as the return of about $178,000 was agreed, the capitalisation rate would be lower. I would have thought that having regard to the provisions of Section 44(15) of the Land Act 1962, it would be open to this Court to find that the "before" valuation adopted by the Land Court made no allowance for the added value of the additional land. In this case I find it comforting that whichever approach is adopted, the determinations of the other two Members of this Court are very close in monetary terms. I agree with Fryberg J. that any doubts should be resolved in favour of the higher figure. I also agree with the order [1997] QLAC 123 -- 1 of 2 -- 2 which he has proposed should be made. (Signed JJ Trickett) President of the Land Court -- 2 of 2 --