Monti v Roads and Maritime Services (No 3) [2018] NSWLEC 183

Land and Environment Court New South Wales

Medium Neutral Citation: Monti v Roads and Maritime Services (No 3) [2018] NSWLEC 183 Hearing dates: N/A (written submissions filed 9 and 12 November 2018) Date of orders: 13 November 2018 Decision date: 13 November 2018 Jurisdiction: Class 3 Before: Pepper J Decision: See orders at [37]. Catchwords: COMPULSORY ACQUISITION – whether the applicants should be ordered to pay the respondent's costs thrown away occasioned by changes to the applicants' claims for compensation during the course of the hearing that were subsequently abandoned – new claims resulted in additional legal costs incurred by the respondent to meet the claims – costs ordered against the applicants. Legislation Cited: Civil Procedure Act 2005, s 98 Land Acquisition (Just Terms Compensation) Act 1991, ss 55, 59 Cases Cited: Brock v Roads and Maritime Service (formerly Roads and Traffic Authority of NSW) (No 3) [2012] NSWCA 404; (2012) 191 LGERA 267 Carlewie Pty Ltd v Roads and Maritime Services [2018] NSWCA 181 Dillon v Gosford City Council [2011] NSWCA 328; (2011) 184 LGERA 179 Monti v Roads and Maritime Services [2018] NSWLEC 34 Monti v Roads and Maritime Services (No 2) [2018] NSWLEC 178 Category: Costs Parties: Allan Keith Monti (First Applicant) Phillip Daniel Monti (Second Applicant) Christopher John Monti (Third Applicant) Road and Maritime Services (Respondent) Representation: Counsel: Mr I Hemmings SC with Ms A Pearman (Applicants) Dr S Pritchard SC with Mr L Waterson (Respondent)