Gleeson & Gleeson Properties Pty Ltd v Chief Executive, Department of Natural Resources
[1998] QLC 137
•12 November 1998
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BRISBANE
12 November 1998
Re: Determination of Unimproved Values -
(Refs. AV97-31, AV97-32, AV97-33 and AV97-34).
Paul V Gleeson
v.
Chief Executive, Department of Natural Resources
and
Re: Determination of Unimproved Values -
(Refs. AV97-63, AV97-64, AV97-65 and AV97-66).
Gleeson Properties Pty Ltd
v.
Chief Executive, Department of Natural Resources
Re: APPLICATION FOR COSTS OF ADJOURNMENT
D E C I S I O N
The above matters were called on in Townsville on Friday, 23 October 1998, for the purpose of considering an application for the adjournment of all cases. Consequent upon hearing submissions on behalf of the appellants and the respondent Chief Executive, all matters were adjourned to the next available sittings of the Land Court in Townsville.
Council for the respondent Chief Executive made an application for his costs of the adjournment, the basis of which is that the time he and his Departmental valuer (Mr MJ Campbell) had spent in preparing for the hearing of the adjournment application was 22 hours. In addition, Counsel for the respondent submits that it was necessary for him to spent an additional night in Townsville to attend the hearing. The quantum of costs sought by the respondent Chief Executive is:
Valuer Campbell - 22 hours @ $50 per hour $ 125.00
Counsel for the Respondent - 22 hours @ $140 per hour $ 350.00
Accommodation for Counsel - 1 night $ 100.00
QUANTUM OF COSTS $ 575.00
Counsel for the appellants really was not in a position to resist the cost application but said that immediately after he received instructions in the matters on Tuesday, 20 November 1998, he telephoned the respondent Department of Natural Resources and spoke to Mr Campbell and advised him at that early stage that the appellants would not be in a position to proceed and that they would be seeking the adjournment of the matters, and it was thought by Counsel that far less time could have been spent in preparation for the adjournment application than had been spent. But in fairness, the respondent strenuously opposed the adjournment application and called Mr Campbell who had to prepare his evidence in rebuttal of the application.
In the circumstances I find that the claimed costs are reasonable since Mr Campbell’s fees are modest, and the respondent Counsel’s fees are at a rate charged by Crown Law.
Accordingly, in accordance with the provisions of section 41(9) of the Land Act of 1962, I make the following orders:
In Re: Appeals AV97-31 to AV97-34 - I ORDER that the appellant, Paul V Gleeson, pay to the respondent Chief Executive, Department of Natural Resources, costs of the adjournment in the sum of $287.50.
In Re: Appeals AV97-63 to AV97-66 - I ORDER that the appellant, Gleeson Properties Pty Ltd, pay to the respondent Chief Executive, Department of Natural Resources, costs of the adjournment in the sum of $287.50.
(CH Carter)
Member of the Land Court
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