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Property arbitrator erred in assessing compensation concerning wayleave for electric lines
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High Court quashes an award made in a statutory compensation scheme concerning the wayleaves for electric lines across private land, on the grounds that: (a) the decision of the property arbitrator to make an award of injurious affection in respect of other lands outside of the corridor was an error of law; and (b) the property adjudicator had also erred in awarding compensation for potential future access to the lands.
High Court - judicial review - assessment by the respondent of the level of compensation payable by the applicant by virtue of the exercise by the applicant of powers to place an electricity line across the notice parties' lands - applicant was granted leave to apply by way of judicial review seeking an order quashing the awards made by the respondent and a declaration that in purporting to issue the awards, the respondent had erred in law and infringed fair procedures such that the award was void and of no effect - decision of property adjudicator to make an award of injurious affection in respect of other lands outside of the corridor was an error of law, being a decision which lacked jurisdiction - to award compensation for potential future access constituted a fundamental error on the part of the respondent and resulted in an award which was made outside the jurisdiction conferred on the respondent
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