A claimant's application under Section 80 (1) of the Land Acquisition and Compensation Act 1986 for determination of disputed claim in relation to compensation.

Claim under Section 155 of the Water Act 1989 for compensation for percunary loss or expenses arising as consequence of the performance of Western Port Regional Water Authority of its functions.

1. There have been a series of hearings in relation to these cases. The most recent hearing by myself is a directions hearing on 23 March 2009.
2. By that stage, the matters remaining for determination were the quantum of compensation for legal and like expenses in relation to the acquisition of a portion of the land of Coryule Pty Ltd and compensation arising as a consequence of the performance of the authority of its functions.
3. For the reasons set out in the remarks of my interim determination of 28 April 2009 following on from the directions hearing of 23 March 2009 I referred the question of the assessment of the quantum of the legal and like expenses in respect of each of the claims under s 95 (1)(a) of the Victorian Civil and Administrative Tribunal Act 1998 to be decided by Mr Malcolm Howell, Senior Member of this tribunal as special referee pursuant to that section.
4. Mr Howell has now made an assessment pursuant to that referral and given a certificate dated 30 October 2009 in relation thereto. That document, save for formalities, reads as follows:

I, MALCOLM ROBERT HOWELL, a senior member of the Victorian Civil & Administrative Tribunal based at 55 King Street Melbourne sitting as a special referee, CERTIFY THAT:

1. This certificate relates to VCAT applications numbered L7 of 2006 and L35 of 2008.
2. By an order dated 16 September 2008, VCAT awarded compensation to the applicant for legal and associated expenses incurred by the applicant. The order provided that the compensation was to be assessed on a solicitor/client basis, calculated on the Supreme Court scale.
3. By a referral dated 28 April 2009, the assessment of compensation was referred to me sitting as a special referee appointed pursuant to s.95(1)(a) of the Victorian Civil & Administrative Tribunal Act 1998.
4. I heard submissions by the parties on 30 October 2009, and assessed compensation for legal and associated expenses at $37,542.00.
5. The respondent already having paid $12,597.80 to the applicant on account of legal and associated expenses, the amount of the assessment that remains unpaid is $24,944.20.

1. In accordance with that certificate, I determine that the compensation in dispute in relation to these proceedings is assessed at $24,944.20.