City of Wanneroo v Bakota [No 2]

[2025] WASCA 62

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Land Law
2. › Compulsory acquisition
3. › Compensation
4. › Severance damage
5. › Assessment of damage due to severing of land taken from adjoining land
6. › Before and after scenarios
7. › Delay to subdivision potential
8. › Whether post-acquisition events admissible in assessing severance damage
9. › Land Administration Act 1997 (WA), s 241(7)(a)
1. Land Law
2. › Compulsory acquisition
3. › Compensation
4. › Valuation
5. › Special value of land to owner of neighbouring land
6. › Objective assessment of likelihood of neighbouring owner purchasing land
7. › Whether land effectively landlocked for subdivision purposes
1. Practice and Procedure
2. › Judgments and reasons
3. › Cutting and pasting of parties' submissions into judgment
4. › Constructive failure to exercise jurisdiction
5. › Whether copying of submissions demonstrates failure to consider evidence and law
6. › Whether trial judge made independent decision on whole of evidence and law
1. Appeal
2. › Standard of appellate review
3. › Findings of fact
4. › Whether errors demonstrated failure to consider evidence and law

Quick Take

In assessing severance damage under s 241(7)(a) of the Land Administration Act 1997 (WA), post-acquisition events are admissible and the assessment is not confined to the date of taking, unlike the valuation of the land taken under s 241(2).