Municipal Council of Sydney – Appellant
Versus
Margaret Alexandra Troy – Respondent
Viscount Haldane. -
This is an appeal from a judgment of the Supreme Court of New South Wales, delivered in favour of the respondent who was plaintiff in an action. The appellants were defendants and the question decided was raised by a special case.
Before 1924 the respondent was owner in fee simple of a piece of land in the city of Sydney. On 6th June 1924, the appellants, in accordance with the provisions of the Sydney Corporation Act, 1902, and the amending Acts, caused, for improvement purposes, a notice for the acquisition of the piece of land to be published in the Gazette and other proper newspapers and complied in all respects with the provisions necessary for the acquisition. Thereupon, by virtue of the publication of the notice, the land, under the existing statutory provision, became vested in the appellants for an estate in fee simple, and the respondent became entitled to receive compensation. Within due time from the publication the respondent served a notice of her claim to compensation. The appellants made a valuation, and the amount payable to the respondent was agreed at £60,828. The only question that arises is as to the rate of interest properly payable under th
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