The Commonwealth v Arklay [1952] HCA 76

High Court of Australia Webb J. Dixon C.J. Williams and Kitto JJ. The Commonwealth v Arklay [1952] HCA 76

ORDER Appeal dismissed with costs.

Cur. adv. vult.

1951, Nov. 13 Webb J . delivered a written judgment of which the following are, for the purposes of this report, the material portions:—

In this action the plaintiff claims compensation for land resumed under the Lands Acquisition Act 1906-1936 on 12th December 1945. On the land there was a brick shop with a modern type front. The items of the claim in the prescribed form addressed to the Minister were: 1. Improved value of land £3,500 2. Added value given by improvements 1,114 3. Loss of business of grocer and hardware merchant on acquired land and re-establishment in similar business elsewhere 15,000 Total £19,614

On 14th November 1950 the Minister offered £5,500 as compensation. This was refused.

In the statement of claim compensation was claimed on the following basis: (1) Loss of the said freehold property as measured by the cost of purchasing a comparable freehold property in the vicinity thereof £15,000 (2) Cost of purchasing tenancy interest and goodwill of premises at 106 Bell Street, Coburg aforesaid in order to carry on the said hardware business temporarily 750 (3) Cost of alterations and renovations to render the said temporary premises suitable for the conduct of the said hardware business 250 (4) Cost of purchasing tenancy interest and goodwill of premises at 464 Sydney Road, Coburg aforesaid in which to carry on hardware business 1,500 (5) Cost of alterations and renovations of last-mentioned premises to render same suitable for the conduct of a hardware business 250 (6) Estimated loss consequent on transfer of hardware business from 481 Sydney Road aforesaid 400 (7) Loss incurred on forced sale of stock when vacating acquired premises— (i) Groceries 175 (ii) Hardware 250 (8) Loss on grocery business 400 £18,975