Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, HAYNE, HEYDON AND CRENNAN JJWALKER CORPORATION PTY LIMITED   APPELLANTANDSYDNEY HARBOUR FORESHORE AUTHORITYRESPONDENTWalker Corporation Pty Limited v Sydney Harbour Foreshore Authority[2008] HCA 527 February 2008S307/2007 & S308/2007ORDERAppeals dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentationN J Young QC with J J Webster SC and I J Hemmings for the appellant (instructed by Minter Ellison)B W Walker SC with A E Galasso SC and M G Gilbert for the respondent (instructed by Lexlawd)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSWalker Corporation Pty Ltd v Sydney Harbour Foreshore AuthorityReal Property – Compulsory acquisition – Amount of compensation – Market value – Respondent acquired industrial zoned land by compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) – Local council resisted attempts to rezone land for residential development before its acquisition – Whether effect of council's conduct on value of land should be disregarded in determining market value under s 56(1) of the Act. Statutes – Interpretation – Land Acquisition (Just Terms Compensation) Act 1991 (NSW) – Section 56(1) of the Act defined market value – Pursuant to s 56(1)(a) any increase or decrease in the value of land caused by the carrying out of, or the proposal to carry out, the public purpose for which land was acquired was to be disregarded – Whether conduct of local council was part of proposal to carry out the public...