Qasabian Family Investments Pty Ltd v Roads and Maritime Services (No 2); Fishing Station Pty Ltd v Roads and Maritime Services (No 2) [2017] NSWLEC 179

Land and Environment Court New South Wales

Medium Neutral Citation: Qasabian Family Investments Pty Ltd v Roads and Maritime Services (No 2); Fishing Station Pty Ltd v Roads and Maritime Services (No 2) [2017] NSWLEC 179 Hearing dates: 11 October 2017 Date of orders: 15 December 2017 Decision date: 15 December 2017 Jurisdiction: Class 3 Before: Moore J Decision: See directions at [62] Catchwords: Qasabian Family Investments Pty Ltd - 2016/151503 COSTS – compensation for compulsory acquisition – applicant unsuccessful on contested issues at trial – outcome should have been obvious from date of joint expert report of land valuers disclosing agreement on one contested issue – no basis to challenge expert agreement – other two issues pressed contrary to settled authority – applicant entitled to costs only up to receipt of joint expert report of land valuers – each party to bear their own costs after that date

Fishing Station Pty Ltd - 2016/158775 COMPENSATION – calculation of compensable rental differential - joint expert report of land valuers disclosed agreement on basis to calculate present value of compensation for rental differential – compensation awarded in accordance with agreement SLIP RULE – an offered amount was omitted from decision – was omission deliberate or inadvertent – omission inadvertent – offered amount to be included in compensation payable COSTS – compensation for compulsory acquisition – applicant failed in claim on one aspect as argued – applicant succeeded in obtaining increased compensation on basis argued by respondent – overall outcome for applicant significantly improved – applicant's case (although not accepted on contested point) not hopelessly unarguable – applicant entitled to costs of the proceedings Legislation Cited: Civil Procedure Act 2005, s 56 Interpretation Act 1987, s 34(2)(f) Land Acquisition (Just Terms Compensation) Act 1991 Land Acquisition (Just Terms Compensation) Bill 1991 Uniform Civil Procedure Rules 2005, r 36.15 Cases Cited: Brock v Roads and Maritime Services (formerly Roads and Traffic Authority of NSW) (2012) 191 LGERA 267; [2012] NSWCA 404 Dillon v Gosford City Council (2011) 184 LGERA 179; [2011] NSWCA 328 Qasabian Family Investments Pty Ltd v Roads and Maritime Services; Fishing Station Pty Ltd v Roads and Maritime Services [2017] NSWLEC 73 Category: Costs Parties: Qasabian Family Investments Pty Ltd (Applicant - 2016/151503) Fishing Station Pty Ltd (Applicant - 2016/158775) Roads and Maritime Services (Respondent in both matters) Representation: Counsel: Mr I Hemmings SC/Mr T To, barrister (Applicant in each matter) Ms S Duggan SC/Mr M Astill, barrister (Respondent in both matters)