Minister of State for Home Affairs v Rostron [1914] HCA 66

634 HIGH COURT 1914.

(HIGH COURT OF AUSTRALIA.]

THE MINISTER OF STATE FOR ee AFFAIRS :

PLAINTIFF ;

AND

ROSTRON AND OTHERS . e F 2 DEFENDANTS.

H.C. or A. Land—Compulsory acquisition—Compensation—Valuation—Bvidence—Lands Ac-

1914. quisition Act 1906 (No. 13 of 1906), secs. 15, 16, 28, 29, 36, 38. ~~ eesti, In determining the amount of compensation payable under the Lands Nov. 9, 10, Acquisition Act 1906, the Court should consider the most advantageous ive purpose for which the land was adapted at the date in question in so far as ae such purpose would increase its value to the claimant, and assess the com- sacs

pensation on that basis.

Spencer v. The Commonwealth, 5 C.L.R., 418, and In re Lucas and Chester- field Gas and Water Board, (1909) 1 K.B., 16, applied.

OrIGINATING SUMMONS.

This was an application under secs. 36 and 38 of the Lands Acquisition Act 1906 by the Minister of State for Home Affairs of the Commonwealth of Australia for the determination of a disputed claim for compensation by the defendant Lawrence Latham Rostron, for certain lands compulsorily aequired by the Commonwealth for a naval base, under sees. 15 and 16 of the said Act, by notification published in the Commonwealth Gazette on 16th December 1911. The defendant Rostron claimed £20,481 5s. on 12th August 1913, and the Minister on 8th October 1913 offered him £850 in satisfaction of his claim for compensation, but the claimant did not accept that offer.

The defendant is the registered proprietor of a portion of the land as administrator cwm testamento annexo, to whom adminis-

f F '

18 C.L.R.] OF AUSTRALIA.

tration of the estate of his father, Lawrence Rostron, was granted H. ©. or A.

on 28th December 1907, under which will he and his sister, the

1914,

defendant Ethel Annie Whiteley, are equally interested; the "eae an defendant John Gibbon Barrett-was sued as the unpaid vendor S™4T= FoR