DBW Reynolds Pty Ltd as trustee for the DBW Reynolds Family Trust v Public Transport Authority

[2025] WASCA 43

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Compulsory Acquisition of Land
2. › Assessment of compensation for resumed land
3. › Value of land taken
4. › Whether land should be valued on basis of 'value to the owner' or Spencer test of market value
5. › Land Administration Act 1997 (WA), s 241(2)
1. Compulsory Acquisition of Land
2. › Assessment of compensation for resumed land
3. › Value of land taken
4. › Use of quantity surveyor evidence by valuers and the court
5. › Executor Trustee principle
6. › Land Administration Act 1997 (WA), s 241(2)
1. Compulsory Acquisition of Land
2. › Assessment of compensation for resumed land
3. › Loss or damage sustained by reason of disruption and reinstatement of business
4. › Additional leasing costs for relocated business
5. › Whether appellants entitled to compensation assessed as single economic unit
6. › Land Administration Act 1997 (WA), s 241(6)
1. Compulsory Acquisition of Land
2. › Assessment of compensation for resumed land
3. › Loss or damage sustained by reason of disruption and reinstatement of business
4. › Loss of business opportunity
5. › Whether loss of opportunity to enter into future profitable contracts is 'loss or damage sustained'
6. › Whether benefits and savings from relocation must be taken into account
7. › Land Administration Act 1997 (WA), s 241(6)(b)

Quick Take

When assessing compensation for disruption and reinstatement of a business under s 241(6)(b) of the Land Administration Act 1997 (WA), the totality of loss or damage must be determined by bringing to account all items of loss and all items of benefit or saving resulting from the disruption and reinstatement, including rent savings at new premises.