9 Sept 2010
LASZLO HAJNAL AND MILA RELICH V JONAS REINHOLD ASMUSSEN AND ORS CA539/2009
- Citation
- openlaw-b0d4314e_c40c_4318_9501_479f5a140409.pdf
- Court
- Court of Appeal
The Court held the S-bend proposal was not a reasonable alternative because of disproportionate cost, practical and visual disadvantages; accordingly the existing driveway (long used) should be legalised and compensation under s129B should be assessed by the willing buyer/willing seller test; the Court increased compensation from $35,000 to $50,000 relying on the respondent's 2005 offer of $50,000 as reliable evidence of what a willing buyer would pay.