by actionproperty | May 30, 2022 | Leases & Rentals, Resumption & Compensation
Check your lease and premises for flood and damage risks. Following the catastrophic flooding of a major northside Brisbane shopping icon in February, the centre owners have now terminated all retail leases saying no compensation would be payable. The ASX-listed...
by actionproperty | Feb 7, 2022 | Resumption & Compensation, Valuation Matters
A Qld Court has again confirmed that: Compensation should be ‘resolved in favour of a more liberal estimate.’ Where practicable, discretion should be exercised in favour of the claimant to achieve a just result. The Court’s function in assessing compensation is...
by actionproperty | Jan 22, 2019 | Leases & Rentals, Property Disputes, Resumption & Compensation
A neighbourhood supermarket business at Murrumba Downs was decimated by resumption roadworks and claimed for compensation. After lower courts ruled YES-NO-YES, the High Court finally said NO. The courts considered the applicable provisions of the Land Title Act 1994...
by actionproperty | Aug 6, 2014 | Resumption & Compensation
A pioneering Appeal Court decision has confirmed that resumption compensation for “Disturbance” cannot be reduced even when the resumption increases the value of the remaining property through “Betterment”. Disturbance refers to consequential costs considered...
by actionproperty | Jan 23, 2013 | Resumption & Compensation
A benchmark Appeal Court decision has awarded lease relocation costs after it was refused because the tenant remained in occupation after resumption. Interpretation of Sec 18(3) Acquisition of Land Act was the key issue. The Department of Transport and Main Roads...
by actionproperty | Oct 3, 2009 | Resumption & Compensation
There seems a growing ‘new breed’ within in some Govt circles that callously disregard the trauma and loss caused by compulsory acquisition, particularly the threat of it. Two major issues are (1) the stand-over tactics used to force owners to settle compensation...
