Commonwealth of Australia v Leppington Pastoral Company Pty Ltd [1995] FCA 547

C A T C H W O R D S LANDS ACQUISITION - Compulsory acquisition of part of a dairy farm - Application for determination of compensation - Pre-acquisition litigation between the parties that was resolved on terms set out in a deed - Deed provided for lease back of acquired land for about 12 months with provision for extension of the term - Commonwealth acknowledged an obligation, in assessing compensation, to take into account the cost of relocating and reconstructing the resumee's buildings, plant etc located on the acquisition land and necessary for its "operations" at acquisition date - Meaning in this context of "operations" - Compensation to be assessed on relocation basis whether or not resumee does relocate - Whether it would be reasonable to assess compensation on the basis of providing an additional 30.5 ha of prime pasture land, as distinct from providing an annuity to buy extra dry feed - Details of the relocation plan: paddock slope standards; work necessary to convert hard-standing areas to pasture and vice versa; necessity for relocation of "Harvestore" - Necessity to avoid double-counting - Whether there ought to be a discount from the assessed compensation to take account of the delay in relocating. Land Acquisition Act 1989, ss55 and 82 COMMONWEALTH OF AUSTRALIA v. LEPPINGTON PASTORAL COMPANY PTY LIMITED No. NG 246 of 1994 AND LEPPINGTON PASTORAL COMPANY PTY LIMITED v. COMMONWEALTH OF AUSTRALIA No. NG 252 of 1994 CORAM: WILCOX J PLACE: SYDNEY DATE: 27 JULY 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) NO. NG 246 of 1994 GENERAL DIVISION ) BETWEEN: COMMONWEALTH OF AUSTRALIA Applicant AND: LEPPINGTON PASTORAL COMPANY PTY LIMITED Respondent CORAM: WILCOX J PLACE: SYDNEY DATE: 27 JULY 1995 MINUTES OF ORDER THE COURT ORDERS THAT: