High Court accepts that no market value means no interest in land!

The news is in!

The High Court has dismissed the Applicant’s special leave application seeking to appeal the Court of Appeal’s decision in Olde English Tiles Australia v Transport for NSW [2022] NSWCA 108.

The Court of Appeal had held that if a business has no market value interest, then there is no foundation upon which the business can claim compensation for disturbance under s59 of the Land Acquisition (Just Terms Compensation) Act 1991.

As the High Court has dismissed the application, it will be interesting to see what ramifications this has on compulsory acquisitions, and in particular, those with proceedings already commenced in the Land and Environment Court. 

Stay tuned for more details.

For more background information, read our previous article: Any interest? Understanding who has an interest in land!

Authors: Laura Raffaele and Maja Podinic

Contributing Partner: Dennis Loether