Commissioner of
Highways v M & B Farmer Nominees Pty Ltd; Commissioner of Highways v Farmer
No 2 Pty Ltd (SASC) - compulsory acquisition of land - companies entitled to interest
on difference between total compensation and amount paid into Court |
Summaries With Link (Five Minute Read) |
Commissioner
of Highways v M & B Farmer Nominees Pty Ltd; Commissioner of Highways v
Farmer No 2 Pty Ltd
[2015] SASC 40
Supreme Court of South Australia
Blue J
Real property - compulsory acquisition
of land - Commissioner of Highways compulsorily acquired land from companies - Commissioner
offered compensation and paid sum into Court - parties agreed companies entitled
to compensation in greater sum and transfer of surplus land - parties disagreed
whether companies entitled to interest on the difference between total
compensation and amount paid into Court - s33 Land Acquisition Act 1969 (SA) - held: on proper construction,
interest was payable under s33 on difference between total compensation, whether
in form cash or otherwise, and amount paid into Court.
Commissioner
|
Old
Wine
by Margaret Widdemer
If I could lift
My heart but high
enough
My heart could fill
with love:
But ah, my heart
Too still and heavy
stays
Too brimming with
old days.
Margaret Widdemer |