When valuing land acquired under a regional planning scheme, the Pointe Gourde principle requires disregard of the scheme and all steps leading to it, but does not require disregard of the pre-existing environmental characteristics of the land to which the scheme was a response. Ministerial correspondence recognising those pre-existing environmental values may be given weight in the valuation exercise without offending the principle. An arbitrator's preference for one body of expert evidence over another on questions of fact does not constitute an error of law reviewable under s 38 of the Commercial Arbitration Act 1985 (WA).
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
3 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.