J and D Richards Developments Pty Ltd v Director-General, Department of Transport

In the Land Court of Brisbane, J and D Richards Developments Pty Ltd sought compensation for land resumed for road purposes by the Director-General of the Department of Transport. The primary dispute was the valuation of the land and whether the refusal of direct access to Caloundra Road should be considered as part of the compensation process. The court assessed the compensation at $46,300, significantly less than the $661,000 claimed by the claimant. The Director-General sought an order for its costs, while the claimant argued against it.

The court had to determine whether to award costs under Section 27 of the Acquisition of Land Act 1967. The court found that the assessed compensation matched the respondent's valuation, and the amount determined exceeded the claimant's claim by a substantial margin. The claimant argued that their claim was reasonable due to expert evidence, but the court noted that such evidence does not necessarily protect against adverse costs orders. The court also considered the claimant's conduct in presenting inaccurate facts and the unresolved issues regarding the resumption and refusal of access.

The court decided to award costs to the respondent, based on the assessed compensation being in line with the respondent's valuation, the resolution of principal issues in favour of the respondent, and the claimant's inaccurate presentation of facts. The court emphasised that the lack of clarity regarding the resumption and access refusal did not impact the compensation amount.

The court ordered that the claimant pay the respondent the costs of and incidental to the hearing and determination of the claim for compensation. The amount of these costs would be ascertained and fixed by the Registrar of the Supreme Court, as per Section 41(9) of the Land Act 1962.