Loeskow v The Crown

[1991] QLC 36

[1991] QLC 36

 

  LAND COURT,

BRISBANE.

15th November, 1991.

Re:     Application for Costs - (A90-78).
  Resumption for National Park.

Arthur Loeskow

v.

The Crown

When judgment in this matter was handed down Counsel for the claimant made an application for the costs of and incidental to the hearing and determination of the Claim for Compensation. 
           The amount finally claimed by the claimant for the resumption was $632,537.75, the major component being for the leasehold land - $467,500.  The amount of the valuation finally put in evidence by the Crown was $285,000 of which $238,000 comprised the leasehold land.
           Compensation awarded was in the sum of $467,805, of which the leasehold land comprised $400,000.
Under Section 27(1)&(2) of the Acquisition of Land Act of 1967 (as amended) costs shall be in the discretion of the Court then, if any, shall be awarded to the claimant if the amount of compensation as determined is nearer to the amount finally claimed than to the amount of the valuation put in evidence by the respondent. In this matter, that is the position, although with regard to the total amounts, only marginally so in favour of the claimant.

While the Crown's valuation of improvements and disturbance items was found to be more reliable than that of the claimant's, the significant departure was found in the question of the value of the leasehold land and the principles to be followed in that assessment.
           After consideration of the submissions and the evidence in the matter and in exercising the Court's discretionary powers I find that costs should be awarded to the claimant.
Accordingly I order that the respondent pay the claimant's costs of and incidental to this action, the amount of such costs to be ascertained and fixed by the Taxing Officer of the Supreme Court at Brisbane according to the scale of costs described by law for the time being in respect of proceedings in the Supreme Court and in accordance with the provisions of Section 41(9) of the Land Act of 1962 (as amended).

Member of the Land Court.