Roads Corporation v Onans & Cottage Bluff Pty Ltd [2001] VSC 127 (3 May 2001)

COMPULSORY ACQUISITION OF LAND – acquisition by an empowered authority – compensation for acquisition – where a dwelling exists on, and a business is conducted on, the relevant land – special value of the land to the claimant – whether the company which conducted a business on the relevant land had any interest in the land acquired – where what is ultimately acquired by the acquiring authority is a smaller area of land than that referred to in the Notice of Acquisition.

  • Land Acquisition and Compensation Act 1986 – ss 3, 4, 19, 30, 35, 40, 41, 51, 80(b), 81(1)(b), 89(1), 109(1).
  • Transport Act 1983 – s 42.
  • David Richardson v Roads and Traffic Authority of NSW [1996] NSWLEC 117
  • Kozaris v Roads Corporation [1991] 1 VR 237
  • Marshall v Green (1875) 1 CPD 35

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Liability limited by a scheme approved under Professional Standards Legislation