Where multiple separate lots are resumed under a single notice of resumption, each lot must be valued independently without assuming that the simultaneous sale of other resumed lots would depress the value of each lot; to hold otherwise would ignore the Pointe Gourde principle and assume a forced sale contrary to Spencer v The Commonwealth. A sale negotiated between a landowner and a resuming authority may be used as a comparable sale if sufficient is known about the transaction to indicate reliability as an arm's length sale. In Western Australia, the practical difference between indemnity costs and properly formulated special costs orders is minimal given the costs scale regime, and practitioners should not resort to indemnity costs applications merely to secure recovery achievable through special costs orders.
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