Western Australian Planning Commission v Temwood Holdings Pty Ltd

HIGH COURT OF AUSTRALIAMcHUGH J,GUMMOW, HAYNE, CALLINAN AND HEYDON JJWESTERN AUSTRALIAN PLANNING COMMISSION  APPELLANTANDTEMWOOD HOLDINGS PTY LTD  RESPONDENTWestern Australian Planning Commission v Temwood Holdings Pty Ltd[2004] HCA 639 December 2004P90/2003ORDER1.Appeal allowed.2.Orders 1, 2, 3 and 5 of the Full Court of the Supreme Court of Western Australia made on 22 May 2002 set aside.  In their place order that the appeal to that Court be dismissed.3.The appellant pay the respondent's reasonable costs of the appeal to this Court.On appeal from the Supreme Court of Western AustraliaRepresentation:G T W Tannin SC with C J Thatcher for the appellant (instructed by the Crown Solicitor's Office of Western Australia)D H Solomon with J C Giles for the respondent (instructed by Solomon Brothers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSWestern Australian Planning Commission v Temwood Holdings Pty LtdTown Planning (WA) – Statutory right to compensation conferred upon any person whose land or property was injuriously affected by the making of a specified planning scheme – Land injuriously affected by making of scheme not owned by respondent at time scheme was made but subsequently owned by respondent – Whether right to compensation passed with the land – Whether respondent had a statutory right to compensation.Town Planning (WA) – Subdivision of land – Application for subdivision approval – Progressive subdivision of larger area – Town planning authority granted subdivision approval subject to a condition that a portion of the larger area be...