In this separate question, the court considered the meaning of the words “sale of the land” in the context of ss 98, 99 and 106 of the Planning and Environment Act 1987 (Vic) (“the Act”). Those provisions provide a mechanism to claim compensation where land is sold at lower price than would have been obtained by reason of the imposition of a reservation. The question for determination was whether a sale of land occurs at the time of entry into the contract of sale or at a later point in time (for example, upon payment of full consideration and completion of the contract or upon registration of the transfer of land). The Court ultimately determined that the sale of land occurs upon completion of the contract of sale. The effect of the decision is that a landowner seeking to claim compensation under the Act may only do so after completion of the contract and not upon execution.
