NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Al Amanah College Inc v Minister for Education and Training (No 4) [2012] NSWLEC 26 Hearing dates: 21 February 2012 Decision date: 24 February 2012 Jurisdiction: Class 3 Before: Biscoe J Decision: Applicant's application for indemnity costs dismissed. Catchwords: COSTS:- in Class 3 proceedings for compensation for the compulsory acquisition of land - applicant's application for indemnity costs based on a Calderbank offer - costs principles applicable in such proceedings - Calderbank principles. Legislation Cited: Civil Procedure Act 2005 ss 56, 98(1) Land Acquisition (Just Terms Compensation) Act 1991 ss 42, 55, 66, 68 Land and Environment Court Act 1979 s 19 Land and Environment Court Rules 2007 r 3.7 Uniform Civil Procedure Rules 2005 rr 1.5, 1.7, 20.26, 42.1, 42.14-42.15A, Schedule 1, Schedule 2 Cases Cited: Al Amanah College Incorporated v Minister for Education and Training [2011] NSWLEC 189 Al Amanah College Inc v Minister for Education and Training (No 2) [2011] NSWLEC 254 Al Amanah College Inc v Minister for Education and Training (No 3) [2011] NSWLEC 258 Dillon v Gosford City Council [2011] NSWCA 328 Jones v Bradley (No 2) [2003] NSWCA 258 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85 Oshlack v Richmond River Council (1998) HCA 11, 193 CLR 72 R & R Fazzolari Pty Ltd v Parramatta City Council (2009) HCA 12, 237 CLR 603 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Taylor v Port Macquarie-Hastings Council [2010] NSWLEC 153, 175 LGERA 189 Thaina Town (On Goulburn) Pty Ltd v City of Sydney Council [2007] NSWCA 300, 156 LGERA 150 Category: Costs Parties: Al Amanah College Incorporated (Applicant) Minister for Education and Training (Respondent) Representation: COUNSEL: Mr T Robertson SC and Mr C Ireland (Applicant) Mr T Hale SC and Mr M Hall (Respondent) SOLICITORS: HWL Ebsworth (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 30838 of 2010
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