Major compensation claim goes to High Court

An important land compensation case which has been successfully conducted for the landowners by Lavan Legal (Leith and Southregal Pty Ltd) in the Supreme Court has been appealed to the High Court by the Western Australian Planning Commission and will be heard by the High Court on 9 November 2016.

The High Court will consider whether the decisions of the judge in first instance (Beech J) and the decision of three judges in the Court of Appeal (headed by Chief Justice Wayne Martin CJ) confirming the landowners rights to claim compensation, were correctly decided.  The High Court decision will be of considerable importance in clarifying the availability of compensation for subsequent purchasers of land (i.e not the original land owner) affected by reservations under regional planning schemes.

Disclaimer – the information contained in this publication does not constitute legal advice and should not be relied upon as such. You should seek legal advice in relation to any particular matter you may have before relying or acting on this information. The Lavan team are here to assist.