Serbian Cultural Club 'St Sava' Inc & Serbian Cultural Club Limited v Roads and Traffic Authority of New South Wales (No 2) [2008] NSWLEC 78

Land and Environment Court of New South Wales

CITATION : Serbian Cultural Club 'St Sava' Inc & Serbian Cultural Club Limited v Roads and Traffic Authority of New South Wales (No 2) [2008] NSWLEC 78

FIRST APPLICANT Serbian Cultural Club 'St Sava' Incorporated

PARTIES : SECOND APPLICANT Serbian Cultural Club Limited

RESPONDENT Roads & Traffic Authority of New South Wales

FILE NUMBER(S) : 30015 of 2003

CORAM: Jagot J

KEY ISSUES: Costs :- compensation for the compulsory acquisition of land - first applicant received slightly more than Valuer-General's determination and second applicant received no compensation - related applicants - appropriate costs orders - whether costs should follow the event given respondent's success - increased costs by reason of applicants' having filed and served further expert reports after joint reports - respondent ordered to pay 50% of first applicant's costs - no order as to costs between respondent and second applicant

Civil Procedure Act 2005 LEGISLATION CITED: Courts and Other Legislation Amendment Act 2007 Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979

AMP Capital Investors v Transport Infrastructure Development Corporation (No 3) [2007] NSWLEC 724 Banno v The Commonwealth (1993) 45 FCR 32 Downie v Sorell Council (2005) 141 LGERA 304 Jax Franchising Systems Pty Ltd v State Rail Authority (New South Wales) [2003] NSWLEC 397 Maloney v Cowra Shire Council [2000] NSWLEC 107 Nasser and Others v Roads and Traffic Authority of New South Wales (NSW) (2006) 149 LGERA 289 CASES CITED: Nevitoro Investments v Hawkesbury City Council [2000] NSWLEC 151 Niezabitowski v Roads and Traffic Authority of New South Wales (2006) 147 LGERA 417 Overton Investments Pty Ltd v the Minister Administering the Environmental Planning and Assessment Act 1979 (2001) 113 LGERA 439 Pastrello v Roads and Traffic Authority of New South Wales (2000) 110 LGERA 223 Rukavina and Robertson v Wagga Wagga City Council (1993) 80 LGERA 8 Serbian Cultural Club 'St Sava' Inc & Serbian Cultural Club Limited v Roads & Traffic Authority of New South Wales [2007] NSWLEC 673 State of Tasmania v Effingham Pty Ltd (No 2) [2006] TASSC 32 Yakas v Roads and Traffic Authority (NSW) (No 2) (2004) 139 LGERA 116