Gleeson & Gleeson Properties Pty Ltd v Chief Executive, Department of Natural Resources

In the Land Court of Brisbane, Gleeson & Gleeson Properties Pty Ltd, along with Paul V Gleeson, appealed against the Chief Executive of the Department of Natural Resources concerning the determination of unimproved values for several land parcels. The matter was initially brought before the court to consider an application for the adjournment of all cases. The Chief Executive, in response, applied for costs related to the adjournment, claiming that substantial time and resources were expended in preparation and attendance at the hearing.

The court was tasked with determining whether the costs claimed by the Chief Executive for the adjournment were reasonable and warranted. The Chief Executive argued that a significant amount of time was spent preparing for the hearing, including 22 hours by a Departmental valuer and 22 hours by Counsel, plus additional costs for overnight accommodation. The appellants, while acknowledging the preparation, argued that less time might have been necessary and that Counsel for the respondent had vigorously opposed the adjournment, necessitating the preparation of rebuttal evidence.

The court found the claimed costs reasonable given the modest fees charged and the adherence to Crown Law rates. The court concluded that the substantial efforts made by the respondent in preparing for the hearing were justified, and thus, ordered that the appellants pay the costs of the adjournment. Specifically, Paul V Gleeson was ordered to pay $287.50, and Gleeson Properties Pty Ltd was ordered to pay the same amount to the Chief Executive, Department of Natural Resources.