High Court of Australia
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4 REASONS FOR JUDGMENT
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14 A. C. Brooks, Government Printer, Melbourne
c.s072/66
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Appeal allowed. Order of the Supreme Court of South Australia set aside. Order that a new trial of the originating summons be had. Respondent te pay the costs of this appeal, Costs of first trial to follow the order for costs of the new trial.
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ROBINSON AND ANOTHER
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MINISTER OF WORKS
This is an appeal from a judgment of the Sapreme Gourt of South Australia (Napier C.J.) assessing compensation payable in respect of land taken by the Minister of Worka from the appellants under the Compulsory Acquisition of Land Act, 1925~1959.
The land, the subject-matter in this action, is situated about a mile to the west of the Port Wakefield Road approximately fifteen miles from Adelaide. The relevant land, part of a larger holding owned by the appellants, comprised 144.7/8the agres, and was deseribed as being the whele of sections 5020 and 5016 and portion of Section 5021 in the Hundred of port Adelaide, more particularly described in certificate of title, Register Book Volume 2443 Folio 151.
The acts giving rise to these proceedings commenced on 30th November 1959 when a notice to treat was served upon the appellants, as owners 'of the said land. This notice stated, inter alia, that the Minister of Works (respondent) was willing to treat with the appellants for the purchase of the said land and as to the compensation to be made to the appeliants and claims, if any, in respect of damage, Purguant to ¢. 12 of the Compulsory Acquisition of Land Act, 1925-1959 the value of the land is to be " .e. taken to be its value ... at the beginning of the period of twelve months prior to the giving by the promoters of the notiee to treat'... together ... with the actual value of any improvements bona fide made during the said period of twelve months". On lth May 1960 the appellants gave notice of their claim for the sum of £125,478. On
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