Valuer-General of New South Wales v Pyntoe Pty Ltd [2013] NSWCA 346

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Valuer-General of New South Wales v Pyntoe Pty Ltd [2013] NSWCA 346 Hearing dates: 4 October 2013 Decision date: 21 October 2013 Before: Macfarlan JA at [1] Gleeson JA at [37] Tobias AJA at [38] Decision: The appeal is dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - ENVIRONMENT AND PLANNING - land valuation appeal in Land and Environment Court - rule precluding award of costs unless "fair and reasonable in the circumstances" - r 3.7 Land and Environment Court Rules - general principles applicable to the exercise of a discretion to award costs referred to - whether success on previous land valuation appeals and non-acceptance of Calderbank offer relevant to discretion to award costs - whether Valuer-General in different position to other litigants in relation to Calderbank offer - whether costs should have been awarded from date of Calderbank offer rather than for whole proceedings Legislation Cited: Civil Procedure Act 2005 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Uniform Civil Procedure Rules 2005 Valuation of Land Act 1916 Cases Cited: Calderbank v Calderbank [1975] 3 WLR 586 Donald Campbell & Co v Pollak [1927] AC 732 Karenlee Nominees Pty Ltd v Gollin & Co Ltd [1983] 1 VR 657 Latoudis v Casey [1990] HCA 59; 170 CLR 534 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 New South Wales Golf Club v Valuer-General New South Wales (No 2) [2012] NSWLEC 186 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Port Stephens Council v Sansom [2007] NSWCA 299; 156 LGERA 125 Segal v Waverley Council [2005] NSWCA 310; 64 NSWLR 177 Texts Cited: Spencer, Bower and Handley, Res Judicata, 4th ed (2009) LexisNexis Category: Principal judgment Parties: Valuer-General of New South Wales (Appellant) Pyntoe Pty Ltd (First Respondent) Joseph Gilles (Second Respondent) Representation: Counsel: C J Leggat SC/M R M Carpenter (Appellant) C J Birch SC (Respondents) Solicitors: Crown Solicitor's Office (Appellant) Giles Payne & Co (Respondents) File Number(s): CA 2013/17378 Decision under appeal Citation: [2012] NSWLEC 231 Date of Decision: 2012-10-19 00:00:00 Before: Craig J File Number(s): 30767 of 2011