Lawson v South Australian Minister for Water and the River Murray [2017] NSWLEC 62

Lawson v South Australian Minister for Water and the River Murray [2017] NSWLEC 62

The entitlement to claim compensation for the resumption of land under the Public Works Act 1912 survives the death of the person holding the entitlement and may pass to the estate and beneficiaries. This includes the right to seek a discretionary extension of time from the court, and is a right recognised as personal property for transmission under the Probate and Administration Act 1898. The first preliminary question is answered in the affirmative.

Jurisdiction
Australia
Judgment Date
30 May 2017
Procedural Posture
Compensation for Resumption of Land Preliminary Questions / Interlocutory Hearing on Preliminary Separate Questions
Outcome
First preliminary separate question answered in the affirmative; qualified answer to the second preliminary separate question; directions given for future conduct
Legal Topics
['land Resumption' 'extension of Time to Claim Compensation' 'transmission of Statutory Entitlements Upon Death']
['compensation Law' 'administrative Law' 'property Law'] ['land Resumption' 'extension of Time to Claim Compensation' 'transmission of Statutory Entitlements Upon Death']

Case Brief

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Procedural Posture

Compensation for Resumption of Land Preliminary Questions / Interlocutory Hearing on Preliminary Separate Questions

Legal Issues

  1. 1 ['Whether the entitlement to claim compensation under the Public Works Act 1912 upon resumption of land is capable of transmission to the estate of a deceased person' 'If transmissible, by what legal mechanism and to whom does the entitlement pass']

Ratio Decidendi

The entitlement to claim compensation for the resumption of land under the Public Works Act 1912 survives the death of the person holding the entitlement and may pass to the estate and beneficiaries. This includes the right to seek a discretionary extension of time from the court, and is a right recognised as personal property for transmission under the Probate and Administration Act 1898. The first preliminary question is answered in the affirmative.

Court Disposition

First preliminary separate question answered in the affirmative; qualified answer to the second preliminary separate question; directions given for future conduct

Orders

  • ["First question answered 'Yes': The entitlement to claim compensation is amenable to transfer or transmission upon death." 'Second question: The entitlement may pass under the Probate and Administration Act 1898 to the executor, administrator, or Public Trustee as appropriate, but full answer reserved except as...