Doolan Properties Pty Ltd v Council of the Shire of Pine Rivers

Doolan Properties Pty Ltd brought a claim against the Council of the Shire of Pine Rivers under the Acquisition of Land Act 1967, seeking compensation for the acquisition of their land. The matter was heard in the Land Court in Brisbane, with the decision recorded on 22 July 1998. The primary issue before the court was the determination of the amount to be paid to the claimant for solicitors’ costs incurred in the preparation of the compensation claim. The claimant had initially sought $43,185.17, but the court had been unable to determine the appropriate amount based on the evidence presented. The court invited the parties to reach an agreement to assist in resolving the outstanding issue.

The court considered the evidence provided by the claimant regarding the solicitors' costs and the limited usefulness of this evidence was discussed in the earlier decision. Given the agreement reached by the parties, the court did not require further evidence. The court accepted the agreed sum of $15,000.00 for the claimant's solicitors’ costs, leading to a total of $53,327.50 for disturbance costs. The court varied the previous order by adding the $15,000.00 to the previously ordered compensation and disturbance costs. As the payment of the solicitors’ account was deferred pending the outcome of the proceedings, no interest was payable on that amount.

The final order of the court required the Council to pay the claimant the sum of $53,327.50 for disturbance costs, including the agreed $15,000.00 for the claimant’s solicitors’ costs. The breakdown of the disturbance costs was detailed in the court’s order, with specific amounts allocated to each party involved in the preparation of the compensation claim. This decision brought the matter to a conclusion, with the court's final order reflecting the agreed terms between the parties.