Where a trial judge's valuation of resumed land is infected by identified errors but the Court of Appeal has all necessary materials, the Court may exercise its power under s 59 of the Supreme Court Act 1935 (WA) to independently determine the valuation on the evidence rather than remitting for retrial, particularly where both parties consent and no credibility issues arise. In valuing land with significant environmental constraints under the Spencer v Commonwealth test, the hypothetical prudent purchaser would adopt a conservative approach where the weight of environmental evidence points against the prospect of upzoning.
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