Minister for Energy, Environment & Climate Change v Megson & Morton

[2019] VSCA 19

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Valuation and Compensation
2. › Land reserved for public purpose
3. › Public Acquisition Overlay
4. › Compensation under Planning and Environment Act 1987 (Vic)
5. › Loss on sale and expenses
6. › Whether interest payable on agreed amounts
7. › Planning and Environment Act 1987 (Vic), ss 98, 99, 100, 101, 105, 106
1. Practice and Procedure
2. › Interest on judgments
3. › Supreme Court Act 1986 (Vic), s 60
4. › Whether s 60(2)(d) bars interest on amounts agreed between parties
5. › Whether agreed amounts constitute 'sum for which judgment is entered or given by consent'
6. › Meaning of 'any sum' in s 60(2)(d)
7. › Where other heads of claim remain in dispute
1. Statutory Interpretation
2. › Construction of s 60(2)(d) of Supreme Court Act 1986 (Vic)
3. › Meaning of 'any sum for which judgment is entered or given by consent'
4. › Whether provision requires temporal gap between consent judgment and interest application
5. › Purposive construction
6. › Beneficial purpose of interest provisions

Quick Take

Where parties to a compensation claim under Part 5 of the Planning and Environment Act 1987 (Vic) agree on the quantum of some heads of claim but other heads remain in dispute, s 60(2)(d) of the Supreme Court Act 1986 (Vic) does not bar an award of interest on the agreed amounts. The 'sum for which judgment is entered or given by consent' in s 60(2)(d) refers to the overall award of compensation, not individual agreed components. Parties who narrow issues by agreement will not be penalised by losing their entitlement to interest on agreed amounts.