Agreedto Pty Ltd v Chief Executive, Department of Natural Resources and Mines (No. 2)

[2012] QLC 73

LAND COURT OF QUEENSLAND

CITATION:

Agreedto Pty Ltd v Chief Executive, Department of Natural Resources and Mines (No. 2) [2012] QLC 73

PARTIES:

Agreedto Pty Ltd
(appellant)

v

Chief Executive, Department of Natural Resources and Mines
(respondent)

FILE NO:

LAA951-10

DIVISION:

Land Court of Queensland - General Division

PROCEEDING:

Application for costs

DELIVERED ON:

21 December 2012

DELIVERED AT:

Brisbane

HEARD AT:

On the Papers

MEMBER:

Mr PA Smith

ORDER:

1.    The appellant pay the respondent’s costs, including any reserved costs, of and incidental to the appeal on the standard basis, such costs to be agreed or, failing agreement, to be assessed by a costs assessor of the Supreme Court.

2. Pursuant to s 34(3) of the Land Court Act 2000, Order 1 may be made an Order of the Supreme Court and enforced in the Supreme Court.

CATCHWORDS:

Costs – unfettered discretion  – whether costs should follow the event  – no compulsion involved  – case unlike valuation, acquisition or resources compensation cases

Appeal Costs Fund Act 1973
Land Act 1994
Land Court Act 2000, s.34
Mineral Resources Act 1989

WH Bowden v Valuer-General (1980-1981) 7 QLCR 138
Mentech Resources Pty Ltd v MCG Resources Pty Ltd (In Liq) & Ors  No. 2 [2012] QLAC 002
Seafarm Pty Ltd v Minister for Natural Resources and Water [2008] QLC 0129

APPEARANCES:

SOLICITORS:

CL Hughes SC and S Holland, for the appellant
PJ Flanagan SC and SP Fynes-Clinton, for the respondent

Holman Webb, Lawyers for the appellant
Director, Legal Services, Department of Natural Resources and Mines, for the respondent

Background

[1]On 23 May 2012 I delivered my decision in the matter of an appeal by Agreedto Pty Ltd (Agreedto) against an internal review decision of the Minister for Natural Resources and Mines (the respondent) as to the purchase price of land for conversion of tenure purposes. The respondent contended for a purchase price of $10,000,000, while Agreedto contended for a purchase price of $Nil. Agreedto’s appeal was dismissed.

[2]Both parties subsequently filed general applications seeking orders as to costs. Agreedto seeks the following orders:[1]

[1]     Appellant’s General Application filed on 13 June 2012 at p.2.

“The applicant/appellant seeks an order that:

(a) the applicant/appellant be granted an indemnity certificate in respect of its costs of the proceedings to be assessed;

or, in the alternative

(b) each party bear their own costs of the proceedings.”

The orders that the respondent seeks are:[2]

“1. The appellant pay the respondent’s costs of and incidental to the appeal to this Court (on a standard basis)

2. Such orders this Honourable Court deems fit.”

[2]     Respondent’s General Application filed on 13 June 2012 at p.2.

[3]Agreedto’s original appeal was made pursuant to the provisions of the Land Act 1994 (Land Act). As the Land Act does not have any specific provisions relating to the payment of costs of any appeal against the Minister’s review decision on a purchase price for conversion of tenure, it is necessary to turn to the general power of the Land…