Federal Court of Australia
JUDGMENT No. sued Scdond otechen
AT W D
LANDS ACQUISITION - Resumption of club site - Assessment of compensation - Reinstatement method used - Expenditure incurred, or to be incurred, by club long after resumption date - Calculation of reinstatement costs made by reference to costs applicable at later date - Resumee entitled to interest on assessed compensation from resumption date notwithstanding that costs not yet incurred - Whether this factor should be taken into account in assessing compensation - Whether compensation should reflect costs at resumption date - Discount of compensation to offset interest earned on a
portion of agreed compensation, not yet expended.
Lands Acquisition Act 1989, ss.55, 58, 91 and 93
ENVEREIN LIVE L RI IB LIMITED v. THE
COMMONWEALTH OF AUSTRALIA No. NG 605 of 1993
CORAM WILCOX J
PLACE: SYDNEY
DATE: 28 OCTOBER 1994
IN THE FEDERAL COURT OF AUSTRALIA
No. NG 605 of 1993 NEW SQUTH WALES DISTRICT REGISTRY GENERAL DIVISION
BETWEEN: H U B ER TU S SCHUETZENVEREIN LIVERPOOL RIFLE CLUB
LIMITED Applicant AND: THE COMMONWEALTH OF AUSTRALIA Respondent
CORAM: WILCOX J
PLACE: SYDNEY
DATE: 28 OCTOBER 1994
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. fhe further hearing of the matter be adjourned until Friday, 18 November at 9.30am.
2. At that time counsel bring in Short Minutes of an order designed to give effect to the conclusions set out above.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN_THE FEDERAL COURT OF AUSTRALIA
No. NG 605 of 1993 NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
ee eet ee eet et
BETWEEN: H U B E R T U S SCHUETZENVEREIN LIVERPOOL RIFLE CLUB LIMITED Applicant
AND: THE COMMONWEALTH OF AUSTRALIA Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 28 OCTOBER 1994
NS FOR
WILCOX J: On 21 April 1994 I answered two preliminary questions posed by the parties to this case. The p.rties then informed me that they wished to consider the implications of my answers and endeavour to reach an agreement that would obviate or shorten a further hearing. So I adjourned the matter to 4 October 1994. In the meantime, on 17 June 1994, I
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