Article image
Article image
Article image
Article image
Article image
This article displays in one automatically-generated column. View the full page to see article in its original form.

SITE FOR SCHOOL

COMPENSATION CLAIM

FULL COURT ASSESSMENTS P.A. WELLINGTON, this day. An interesting case was decided by the Full Court in a judgment delivered this morning. This was a case stated under the Public Works Act by Mr. Justice Callan, as president of the Compensation Court, which sat under the provisions of the above Act in Auckland to hear a claim for £6375 brought by the St. John's College Trust Board against the Auckland Education Board in respect of approximately eight acres of land in the Tamaki district, which was taken and vested in the Auckland Education Board by proclamation in October, 1943, for the purposes of a , public school.

The question the Full Court was the basis of assessment by the Compensation Court.

In its judgment this morning the Full Court said that if claimant were able to show there was a market for subdivisions of the land in question on the relevant date, upon which the value should be ascertained in accordance with the terms of the Servicemen's Settlement and Land Sales Act, 1943, it was open to the Court to assess compensation on the assumption that on that date claimant sold the land to the purchasers in several lots. If, however, the land taken was suitable and intended for subdivision, but there was no market for a sale of allotments on the material date, then assessment by the Court should be made on the basis of what the land might be expected to realise if sold in the open market as one undivided parcel to one purchaser desirous of acquiring for the purpose of subdivision and sale as building sites'. So far as it concerned the land, which could have been sold in allotments at the material date the assessment should be made upon the basis of the sums at which these allotments would have to be sold, while so far as it concerned that part which was unsaleable in allotments on the material date, assessments should be made upon the assumption that on that date claimant sold the whole of such portion of the land in an undivided parcel to one purchaser desirous of acquiring for subdivision and sale as building sites. ' The amount awarded should be the aggregate of these assessments.

This article text was automatically generated and may include errors. View the full page to see article in its original form.
Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AS19450716.2.6

Bibliographic details

SITE FOR SCHOOL, Auckland Star, Volume LXXVI, Issue 166, 16 July 1945

Word Count
377

SITE FOR SCHOOL Auckland Star, Volume LXXVI, Issue 166, 16 July 1945

  1. New formats

    Papers Past now contains more than just newspapers. Use these links to navigate to other kinds of materials.

  2. Hierarchy

    These links will always show you how deep you are in the collection. Click them to get a broader view of the items you're currently viewing.

  3. Search

    Enter names, places, or other keywords that you're curious about here. We'll look for them in the fulltext of millions of articles.

  4. Search

    Browsed to an interesting page? Click here to search within the item you're currently viewing, or start a new search.

  5. Search facets

    Use these buttons to limit your searches to particular dates, titles, and more.

  6. View selection

    Switch between images of the original document and text transcriptions and outlines you can cut and paste.

  7. Tools

    Print, save, zoom in and more.

  8. Explore

    If you'd rather just browse through documents, click here to find titles and issues from particular dates and geographic regions.

  9. Need more help?

    The "Help" link will show you different tips for each page on the site, so click here often as you explore the site.

Working