Croghan v Blacktown City Council (No 2) [2019] NSWLEC 9

Land and Environment Court New South Wales

Medium Neutral Citation: Croghan v Blacktown City Council (No 2) [2019] NSWLEC 9 Hearing dates: 23 January 2019 Date of orders: 07 February 2019 Decision date: 07 February 2019 Jurisdiction: Class 3 Before: Molesworth AJ Decision: See orders at [66] Catchwords: COMPULSORY ACQUISITION OF LAND - quantum of market value based on Court's determination in substantive judgment - inadvertent error in Respondent's submissions - agreement between parties on quantum

COSTS - compulsory acquisition of land - principles on costs in class 3 compulsory acquisition proceedings - respondent made offer of compromise per r 20.26 of the Uniform Civil Procedure Rules 2005 (UCPR) more than four months prior to hearing - offer not accepted - respondent presses for order that it pay the applicant's costs to the date of offer and thereafter that the applicant pay the respondent's costs on an indemnity basis - whether UCPR r 42.15 applicable - whether the Court ought to "order otherwise" - not appropriate to order otherwise - offer of compromise substantially more than Valuer‑General's determination, amount pressed by respondent, and the Court's determination on quantum - costs in accordance with UCPR r 42.15(2) Legislation Cited: Civil Procedure Act 2005, s 98 Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979, s 19 Uniform Civil Procedure Rules 2005, rr 20.26, 42.15 Cases Cited: Brock v Roads and Maritime Services (2012) 191 LGERA 267; [2012] NSWCA 404 Croghan v Blacktown City Council [2019] NSWLEC 2 Dillon v Gosford City Council (2011) 184 LGERA 179; [2011] NSWCA 328 El Boustani v Minister Administering the Environmental Planning and Assessment Act 1979 [2012] NSWLEC 266 Halley v Minister Administering the Environmental Planning and Assessment Act 1979 (No 3) [2011] NSWLEC 94 Reysson Pty Ltd v Roads and Maritime Services (No 4) [2016] NSWLEC 159 Sydney Water Corporation v Caruso (2009) 170 LGERA 298; [2009] NSWCA 391 Tempe Recreation Reserve Trust v Sydney Water Corporation (2014) 88 NSWLR 449; [2014] NSWCA 437 Walker Corporation Pty Limited v Sydney Harbour Foreshore Authority [2010] NSWLEC 27 Willis v Roads and Maritime Services [2015] NSWLEC 165 Category: Costs Parties: Alan Croghan (Applicant) Blacktown City Council (Respondent) Representation: Counsel: Mr M Hall SC (Applicant) Mr N Eastman (Respondent)