Jomaring Pty Ltd v Head, Transport for Victoria

[2025] VSCA 128

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Land Acquisition and Compensation
2. › Compulsory acquisition
3. › Assessment of compensation
4. › Reduction for previously paid reservation compensation
5. › Whether reservation compensation paid under repealed Act is compensation paid 'pursuant to' re-enacted provisions
6. › Whether formula for calculating prescribed amount capable of application
7. › Land Acquisition and Compensation Act 1986 (Vic), ss 41(5), 41(7)
8. › Planning and Environment Act 1987 (Vic), Pt 5
1. Statutory Interpretation
2. › Purposive construction
3. › Constructional choice between ordinary meaning and purposive meaning
4. › Construction of statutory provisions on prima facie basis that intended to give effect to harmonious goals
5. › Whether literal construction leads to absurd or irrational results
6. › Meaning of 'pursuant to'
7. › Land Acquisition and Compensation Act 1986 (Vic), s 41(5)
1. Statutory Interpretation
2. › Savings and transitional provisions
3. › Re-enactment of repealed provisions
4. › Whether Part 5 of Planning and Environment Act 1987 is re-enactment of ss 41 and 42 of Town and Country Planning Act 1961
5. › Whether express contrary intention
6. › Whether previous payments of compensation were 'thing done under the repealed Act'
7. › Interpretation of Legislation Act 1984 (Vic), s 16(b)
8. › Planning and Environment Act 1987 (Vic), s 206
1. Words and Phrases
2. › 'Pursuant to'
3. › Land Acquisition and Compensation Act 1986 (Vic), s 41(5)

Quick Take

Reservation compensation paid under the repealed Town and Country Planning Act 1961 is compensation paid 'pursuant to Part 5' of the Planning and Environment Act 1987 for the purposes of s 41(5) of the Land Acquisition and Compensation Act 1986, and the 'B' value in the s 41(7) formula refers to the market value based on the zoning actually used to calculate the earlier reservation compensation, not the literal zoning of the land at the relevant date.