Cunningham v Commonwealth [1948] HCA 6

H. ©. of A.

1948. We

Sypney, July 28, Aug. 5.

Williams J.

Aug. 5.

HIGH COURT (1948.

[HIGH COURT OF AUSTRALIA.]

CUNNINGHAM . 2 5 ' ' j : PLAINTIFF ;

AND

THE COMMONWEALTH . E . A . Derenpant.

Resumption—Land—Acquisition by Commonwealth—Compensation—Assessment—

Re-investment—Prospective loss of income—Allowance therefor—Lands Acquisi-

tion Act 1906-1936 (No. 13 of 1906—No. 60 of 1936), ss. 28 (1) (a), 29 (a), 37.

The dispossessed owner of land, let on a monthly tenancy, and at a rent

equal to the fair rental value is not, upon its resumption by the Common-

wealth, entitled to compensation for a prospective loss of income upon re- investment of the capital.

AcTION.

Tn an action brought by Hilda Josephine Cunningham in the High Court against the Commonwealth, the plaintiff claimed the sum of £4,135 as compensation for the compulsory acquisition by the Commonwealth of land owned by her situated at Chippendale, Sydney, New South Wales.

Included in that claim was an item of £835 as compensation for

'loss of income on re-investment.

The action was tried before Williams J. in whose judgment hereunder further facts appear.

J. K. Emerton, for the plaintiff.

G. P. Stuckey, for the defendant. Cur. adv. vult.

The following written judgment was delivered by :—

Wrutams J. This is an action brought under the provisions of s. 37 of the Lands Acquisition Act 1906-1936, hereinafter called the 'Act, to recover compensation for the compulsory acquisition by the Commonwealth on 12th October 1944 of the plaintiff's land in

79 C.L.R.J OF AUSTRALIA.

Dangar Place, Chippendale, for the public purpose of erecting a post office. This is a public purpose not authorized by a special Act so that, in accordance with s. 29 (a) of the Act, the value of the land must be assessed as on Ist January 1944. But it is common ground that there was no difference between the value of the land on that date and the date of acquisition.