Brisbane Square Pty Ltd v Valuer-General

LAND COURT OF QUEENSLAND

CITATION:

Brisbane Square Pty Ltd v Valuer-General [2015] QLC 40

PARTIES:

Brisbane Square Pty Ltd
(appellant)

v

Valuer-General
(respondent)

FILE NO:

LVA47-15

DIVISION:

General Division

PROCEEDING:

Applications for costs

DELIVERED ON:

16 November 2015

DELIVERED AT:

Brisbane

HEARD ON:

2 September 2015

HEARD AT:

Brisbane

MEMBER:

PA Smith

ORDERS:

1.     The appellant’s application for costs of and incidental to dealing with the respondent’s amended Statement of Facts, Matters and Contentions is refused.

2.     Each party bear their own costs of and incidental to the 2 September 2015 hearing before the Land Court.

CATCHWORDS:

COSTS – costs discretion under s 171 Land Valuation Act 2010 fetters costs discretion under s 34 Land Court Act 2000 – costs can be awarded under s 171 Land Valuation Act 2010 for an interlocutory matter.

COSTS – examination of costs decisions under s 882 Water Act 2000 relevant to discretion to award costs under s 171 Land Valuation Act 2010.

COSTS – need to find unmeritorious conduct to enliven costs jurisdiction under s 171(2) Land Valuation Act 2010 – examination of fault factors described in subsections 171(2)(d-f) Land Valuation Act 2010 - whether a party by filing an amended Statement of Facts, Matters and Contentions has not complied with court’s procedural requirements, introduced new material, or not properly discharged its responsibilities in the appeal

COSTS – whether the application for costs itself was frivolous or vexatious

Uniform Civil Procedure Rules 1999, Rules 5, 188, 378, 386
Land Court Rules 2000, Rule 4
Land Court Act 2000, s 34
Land Valuation Act 2010, ss 155, 157, 167, 171
Valuation of Land Act 1944, ss 56(1), 70
Water Act 2000, s 882
Integrated Planning Act 1997

Burdekin Shire Council v Pioneer Sugar Mills [2005] QPELR 13
Chrismel Pty Ltd v Department of Natural Resources and Mines (2005) 26 QLCR 87
Ebis Enterprises Pty Ltd v Sunshine Coast Regional Council [2011] QCA 15
Gauci Developments (Qld 1) Pty Ltd v Bundaberg City Council [2009] QPELR 66
Kent Street Pty Ltd v Department of Natural Resources and Mines (No 2) [2009] 30 QLCR 167
M2 Property Group Pty Ltd v Gold Coast City Council [2006] QPELR 332
Reed v Department of Natural Resources and Mines [2014] QLC 1
Reed v QCoal Sonoma & Ors [2014] QLAC 8

APPEARANCES:

Mr AR Lonergan of Counsel for the appellant
Mr SP Fynes-Clinton of Counsel for the respondent

SOLICITORS:

Clayton Utz for the appellant
In-house Legal, Department of Natural Resources and Mines for the respondent

Background

1. On 13 February 2015 the appellant lodged a Notice of Appeal pursuant to the Land Valuation Act 2010 (LVA) against the respondent’s objection decision with respect to the valuation of the appellant’s property at 266 George Street, Brisbane.

2. On 30 March 2015 I made procedural orders by consent which included a requirement that the respondent file and serve its Statement of Facts, Matters and Contentions in response to the appellant’s grounds of appeal by 24 April 2015.