G Capital Corporation Pty Limited v Transport for NSW; Gertos Holdings Pty Ltd v Transport for NSW; Marsden Developments Pty Ltd v Transport for NSW [2021] NSWLEC 141

Land and Environment Court New South Wales

Medium Neutral Citation: G Capital Corporation Pty Limited v Transport for NSW; Gertos Holdings Pty Ltd v Transport for NSW; Marsden Developments Pty Ltd v Transport for NSW [2021] NSWLEC 141 Hearing dates: 26 July 2021 Date of orders: 30 November 2021 Decision date: 30 November 2021 Jurisdiction: Class 3 Before: Moore J Decision: See orders at [107] to [109] Catchwords: COSTS - Respondent compulsorily acquires three properties, one from each applicant - dispute as to market value of each acquired property - agreement as to market values after determination of Respondent's cross‑claim against a third party concerning one acquired property - Applicants claim stamp duty equivalent payments pursuant to s 59(1)(d) of the Land Acquisition (Just Terms Compensation) Act 1992 - stamp duty compensation claims rejected - Respondent seeks differential costs order for stamp duty compensation claim element of the proceedings - Respondent's claim rejected - costs of entire proceedings to be paid by the Respondent - costs of the costs hearing to be paid by the Respondent Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1992, s 59 Vexatious Proceedings Act 2008 Cases Cited: Banno v Commonwealth of Australia (1993) 45 FCR 32 Blacktown Council v Fitzpatrick Investments [2001] NSWCA 259 Brock v Roads and Maritime Services (formerly Roads and Traffic Authority of NSW) (2012) 191 LGERA 267; [2012] NSWCA 404 Dillon v Gosford City Council (2011) 184 LGERA 179; [2011] NSWCA 328 G Capital Corporation Pty Limited v Transport for NSW; Gertos Holdings Pty Ltd v Transport for NSW; Marsden Developments Pty Ltd v Transport for NSW [2021] NSWLEC 44 G Capital Corporation Pty Ltd v Roads and Maritime Services [2019] NSWCA 234 G Capital Corporation Pty Ltd; Gertos Holdings Pty Ltd; Marsden Developments Ltd v Roads and Maritime Services [2019] NSWLEC 12 Hatzivasiliou v Roads and Maritime Services [2017] NSWLEC 9 Qasabian Family Investments Pty Ltd v Roads and Maritime Services; Fishing Station Pty Ltd v Roads and Maritime Services [2017] NSWLEC 73 Qasabian Family Investments Pty Ltd v Roads and Maritime Services (No 2); Fishing Station Pty Ltd v Roads and Maritime Services (No 2) [2017] NSWLEC 179 Rocco Fraietta v Roads and Maritime Services [2017] NSWLEC 11 SNS Pty Ltd v Roads and Maritime Services [2018] NSWLEC 7 Speter v Roads and Maritime Services [2016] NSWLEC 128 Tomlinson v Ramsey Food Processing Pty Limited (2015) 256 CLR 507; [2015] HCA 28 Texts Cited: COVID-19 Pandemic Arrangements Policy Category: Costs Parties: G Capital Corporation Pty Ltd (Applicant in Matter No 207357 of 2018) Gertos Holdings Pty Ltd (Applicant in Matter No 207345 of 2018) Marsden Developments Pty Ltd (Applicant in Matter No 207366 of 2018) Transport for NSW (First Respondent in all matters/ Cross‑Claimant in Matter No 207366 of 2018) Regency Capital Pty Ltd (Second Respondent in Matter No 207357 of 2018) London Capital Holdings Pty Ltd (Second Respondent in Matter No 207345 of 2018) Portman Securities Pty Ltd (Second Respondent/Cross‑Defendant in Matter No 207366 of 2018) Representation: Counsel on the costs hearing: Mr P Tomasetti SC/Mr J Johnson and Mr T Poisel, barristers (Applicants in all matters) Mr M Astill, barrister (First Respondent in all matters/Cross‑Claimant in Matter No 207366 of 2018) No appearance (Second Respondents in all matters/Cross‑Defendant in Matter No 207366 of 2018)