Springfield Land Corporation (No 2) Pty Ltd v Queensland

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON AND CRENNAN JJSPRINGFIELD LAND CORPORATION (NO 2) PTY LTD & ANOR  APPELLANTSANDSTATE OF QUEENSLAND & ANOR  RESPONDENTSSpringfield Land Corporation (No 2) Pty Ltd v Queensland [2011] HCA 1511 May 2011B39/2010ORDERAppeal dismissed with costs.On appeal from the Supreme Court of QueenslandRepresentationD F Jackson QC with M D Hinson SC for the appellants (instructed by Russell and Company Solicitors)D R Gore QC with J M Horton for the respondents (instructed by Clayton Utz Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDS Springfield Land Corporation (No 2) Pty Ltd v QueenslandReal property – Compulsory acquisition – Compensation – Assessment – Section 25(2) of Transport Planning and Coordination Act 1994 (Q) empowered Chief Executive of Department of Main Roads ("Department") to acquire property "for the purposes of transport" – Section 20(3) of Acquisition of Land Act 1967 (Q) ("Acquisition Act") required that, in assessing compensation for acquisition, there be considered any enhancement of value of land adjoining acquired land "by the carrying out of the works or purpose for which the land is taken" – Appellants entered agreement to transfer certain land ("Transfer Land") to respondents for amalgamation with land held by Department in return for payment of compensation set in accordance with Acquisition Act – Nature of purpose for which land is acquired – Whether purpose for which Transfer Land was acquired would enhance value of appellants' adjoining land. Words and phrases...