Claimants win $2.8m in Supreme Court compulsory acquisition appeal

Compulsory Acquisition: 17 July 2019

Aitken Partners has successfully represented the claimants in an important case on the compensation payable when a government authority compulsorily acquires land.

The case concerned land in inner Melbourne. A family owned company operated a longstanding hardware business on the land. Another company belonging to the same family was the owner of the land. When the Linking Melbourne Authority compulsorily acquired the property, it argued that for the purposes of compensation the two companies should be treated as one entity.

The Supreme Court of Victoria found that each company had a separate interest in the acquired land and each was entitled to compensation. The landholding company was entitled to compensation for the market value of the land based on its highest and best use.

The company operating the hardware business was entitled to compensation for the relocation expenses resulting from the acquisition. This meant that the Authority was required to pay an additional $2.8m compensation.

The Compulsory Acquisition Team at Aitken Partners has more than 35 years combined experience in representing owners and occupiers impacted by compulsory acquisitions. If you or your company is affected by a compulsory land acquisition get in touch with us to ensure you claim your full entitlements.