Moreton Bay Regional Council v Genamson Holdings Pty Ltd

[2026] QCA 23

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Real Property
2. › Compulsory acquisition of land
3. › Proceedings for compensation
4. › Discontinuance of resumption before gazettal
5. › Scope of compensation for 'costs and expenses incurred'
6. › Whether limited to legal and professional fees
7. › Whether s 16(1C) assessment mechanism limits s 16(1A) entitlement
8. › Acquisition of Land Act 1967 (Qld), s 16(1A), s 16(1C)
1. Statutes
2. › Construction
3. › Meaning of 'costs and expenses incurred'
4. › Relationship between substantive entitlement provision and procedural assessment mechanism
5. › Whether procedural mechanism defines scope of substantive right
6. › Acquisition of Land Act 1967 (Qld), s 16
1. Practice and Procedure
2. › Preliminary questions
3. › Utility of answering preliminary question where answer does not resolve true controversy between parties
4. › Whether question capable of meaningful answer at current stage of proceedings
1. Appeal
2. › Leave to appeal from Land Appeal Court
3. › Factors informing grant of leave
4. › Substantial prospects of success and importance of error of law
5. › Land Court Act 2000 (Qld), s 74(2)

Quick Take

Compensation under s 16(1A) of the Acquisition of Land Act 1967 (Qld) for discontinuance of a resumption is limited to outlays incurred (not losses or damage), and the scope of claimable costs and expenses may be limited by whether they are capable of assessment under the UCPR costs assessment regime referenced in s 16(1C).