Stamp duty and incidental costs of purchasing replacement land stock are recoverable as loss attributable to disturbance under s 41(1)(d) of the LAC Act where a developer's stock-in-trade is compulsorily acquired, even where the developer would have purchased the replacement land in due course. The 'purpose for which land was used at the date of acquisition' in s 41(2) is not limited to actual physical use but encompasses the real and substantial purpose of the use. Section 41(2)(b) does not preclude recovery of replacement land costs because such costs relate to realising the potential of other land, not the acquired land.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
1 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.