Collins v Livingstone Shire Council [1972] HCA 35

Collins v Livingstone Shire Council [1972] HCA 35

Compensation for land compulsorily acquired must be assessed at its value, including improvements on it, as at the acquisition date, considering what a willing vendor and willing purchaser would agree, neither under compulsion. The acquiring authority can be regarded as the only purchaser but must not be considered as acting under compulsory necessity. The cost of constructing improvements may be considered as evidence but is not conclusive or obligatory as the measure of value.

Jurisdiction
Australia
Procedural Posture
Appeal / Appeal to High Court of Australia From Full Court of the Supreme Court of Queensland; Objection to Competency and Application for Special Leave to Appeal
Outcome
Objection to competency upheld; by majority, special leave to appeal granted; appeal allowed; cross-appeal dismissed.
Legal Topics
['compensation for Compulsory Acquisition' 'valuation of Land and Improvements' 'jurisdiction of Land Court' 'special Leave to Appeal' 'effect of Statutory Offer and Rejection' 'fixtures and Ownership' 'use of Cost as Factor in Compensation Assessment' 'role of Potential Purchaser']
['compulsory Acquisition' 'property Law' 'administrative Law'] ['compensation for Compulsory Acquisition' 'valuation of Land and Improvements' 'jurisdiction of Land Court' 'special Leave to Appeal' 'effect of Statutory Offer and Rejection' 'fixtures and Ownership' 'use of Cost as Factor in Compensation Assessment' 'role of Potential Purchaser']

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Procedural Posture

Appeal / Appeal to High Court of Australia From Full Court of the Supreme Court of Queensland; Objection to Competency and Application for Special Leave to Appeal

Legal Issues

  1. 1 ['Whether Land Court had jurisdiction to entertain claim for compensation without formal written rejection of statutory offer' 'Proper measure for assessing compensation for compulsorily acquired land with council-built improvements' 'Whether cost of constructing the reservoir on acquired land is the measure of value or merely a factor in valuation' 'Ownership of improvements constructed by council prior to acquisition']

Ratio Decidendi

Compensation for land compulsorily acquired must be assessed at its value, including improvements on it, as at the acquisition date, considering what a willing vendor and willing purchaser would agree, neither under compulsion. The acquiring authority can be regarded as the only purchaser but must not be considered as acting under compulsory necessity. The cost of constructing improvements may be considered as evidence but is not conclusive or obligatory as the measure of value.

Court Disposition

Objection to competency upheld; by majority, special leave to appeal granted; appeal allowed; cross-appeal dismissed.

Orders

  • ['Order of the Full Court of the Supreme Court of Queensland varied by ordering that the third question in the stated case be answered as: Compensation is to be assessed for the land and all its improvements including the structure of the partially completed reservoir. It is to be supposed that the balance of the...