Tempe Recreation Reserve Trust v Sydney Water Corporation (No 2) [2014] NSWLEC 23

Land and Environment Court New South Wales

Medium Neutral Citation: Tempe Recreation Reserve Trust v Sydney Water Corporation (No 2) [2014] NSWLEC 23 Hearing dates: 13 March 2014 Decision date: 20 March 2014 Jurisdiction: Class 3 Before: Biscoe J Decision: Respondent's amended notice of motion filed on 11 February 2014 dismissed with costs. Catchwords: COSTS - offer of compromise - proceeding for compensation for compulsory acquisition by Sydney Water of an easement across most of a public reserve, utilised for a large water pipeline - Court determines compensation of $106,000 based on interpretation of the easement that the pipeline could not be placed above the surface - ten months prior to hearing respondent acquiring authority makes offer of compromise under Uniform Civil Procedure Rules 2005 for judgment for applicant for $268,000 - offer not accepted - respondent moves for order that it pay applicant's costs to date of offer and that applicant pay respondent's costs on an indemnity basis thereafter under r 42.15 UCPR - whether r 42.15(2) engaged - if so, whether an "otherwise order" should be made - discretionary considerations in the case of an offer of compromise in compulsory acquisition compensation proceedings. Legislation Cited: Civil Procedure Act 2005 ss 3(1), 90, 98, 106(1)(a), Part 8 Crown Lands Act 1989 s 106A Land Acquisition (Just Terms Compensation) Act 1991 ss 55, 66, 68, Part 3 Land and Environment Court Act 1979 s 19(e) Uniform Civil Procedure Rules 2005 rr 14.15(2), 20.26, Part 42 Division 3, r 1.5 Schedule 1 Cases Cited: Al Amanah College Inc v Minister for Education and Training (No 4) [2012] NSWLEC 26 Barakat v Bazdarova [2012] NSWCA 140 Brock v Roads and Maritime Services [2012] NSWCA 404, (2012) 191 LGERA 267 Caine v Lumley General Insurance Ltd (No 2) [2008] NSWCA 109 Dillon v Gosford City Council [2011] NSWCA 328, (2011) 184 LGERA 179 Morgan v Johnson (1998) 44 NSWLR 578 South Eastern Sydney Area Health Service v King [2006] NSWCA 2 Tempe Recreation Reserve Trust v Sydney Water Corporation [2013] NSWLEC 221 Viera v O'Shea (No 2) [2012] NSWCA 121 Category: Costs Parties: Tempe Recreation (D.500215 & D.1000502) Reserve Trust (Applicant) Sydney Water Corporation (Respondent) Representation: COUNSEL: A Galasso SC (Applicant) R P Lancaster SC and N Zerial (Respondent) SOLICITORS: Marrickville Council (Applicant) King & Wood Mallesons (Respondent) File Number(s): 30915/12