In Genamson Holdings Pty Ltd v Moreton Bay Regional Council [2024] QLC 8, the Land Court of Queensland made a determination regarding the interpretation of s16(1A) of the Acquisition of Land Act 1967 (Qld) (ALA). The applicant, Genamson Holdings Pty Ltd, sought compensation from Moreton Bay Regional Council for costs and expenses incurred as a result of the council's discontinuation of two notices of intention to resume land owned by Genamson. The core of the dispute centred on the proper interpretation of "costs and expenses" eligible for compensation under the ALA, particularly whether these included beyond out-of-pocket legal, valuation, and professional fees. The court, presided over by Member JR McNamara, decided to allow the determination of Question 1 only, focusing on whether the claim for compensation was limited to out-of-pocket costs and expenses as narrowly defined or extended to broader financial losses as argued by Genamson.
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