Reysson Pty Ltd v Roads and Maritime Services (No 2) [2012] NSWLEC 91

Land and Environment Court New South Wales

Medium Neutral Citation: Reysson Pty Ltd v Roads and Maritime Services (No 2) [2012] NSWLEC 91 Hearing dates: 30 April 2012 Decision date: 30 April 2012 Jurisdiction: Class 3 Before: Biscoe J Decision: (1) Respondent to pay applicant's costs of preliminary question on the ordinary basis with leave to proceed immediately to assessment if they are not agreed within a reasonable time; (2) Directions; (3) Respondent to pay 50 per cent of applicant's costs of notice of motion filed on 17 February 2012, such proportion to be applicant's costs in the cause. Catchwords: COSTS:- whether respondent should pay applicant's costs of preliminary question in proceedings for compensation for compulsory acquisition of land on an indemnity or ordinary basis, with leave to proceed immediately to assessment if not otherwise agreed - Calderbank offer - whether respondent should pay applicant's costs of notice of motion for costs and other matters when the other matters were not pressed. Legislation Cited: Uniform Civil Procedure Rules 2005 r 42.7 Cases Cited: Al Amanah College Inc v Minister for Education and Training (No 4) [2012] NSWLEC 26 Dillon v Gosford City Council [2011] NSWCA 328, 184 LGERA 179 Reysson Pty Ltd v Roads and Maritime Services [2012] NSWLEC 17 Royal Australian Naval Reserve Rifle Club Inc v New South Wales Rifle Association Inc [2010] NSWSC 351 SWM Financial Services Pty Ltd v Lloyd (No 2) [2012] NSWSC 202 Category: Costs Parties: Reysson Pty Ltd (Applicant) Roads and Maritime Services (Respondent) Representation: COUNSEL: Mr T Robertson SC and Mr M Hall (Applicant) Mr P Tomasetti SC and Mr N Eastman (Respondent) SOLICITORS: Storey & Gough (Applicant) Corrs Chambers Westgarth (Respondent) File Number(s): 30921 of 2010