Collins Foods International (Properties) No 2 Pty Ltd v Chief Executive, Department of Natural Resources

Collins Foods International (Properties) No 2 Pty Ltd sought to appeal a valuation of land by the Chief Executive of the Department of Natural Resources, and the respondent applied for costs incurred in preparing for the hearing of the appeal after the appellant withdrew the appeal at the last minute. The court was required to decide whether it had jurisdiction to award costs in these circumstances, what factors should be considered in deciding whether to make the order, and what amount should be ordered. The court found that it had jurisdiction to order costs in this case, and that it was appropriate to make an order for costs given the administrative inefficiency of the appellant's valuers which led to the late withdrawal of the appeal. The court ordered the appellant to pay the respondent's costs in the sum of one thousand dollars.