Lomin Holdings Pty Ltd as TTE v Brisbane City Council

Lomin Holdings Pty Ltd, as trustee for the Lomin Holdings Trust, commenced proceedings against Brisbane City Council under the Acquisition of Land Act 1967. The matter was heard in the Queensland Land Court, where the claimant sought compensation for the acquisition of land. After various amendments to the claim, the respondent sought an order for costs under section 34 of the Land Court Act 2000, arguing that the claimant's amendments to the claim had caused unnecessary costs to be incurred.

The primary legal issue before the court was whether the claimant's amendments to the claim were vexatious, oppressive, or an abuse of process, warranting an order for the respondent's costs. The court considered whether the amendments had caused the respondent to incur additional costs that were not reasonably necessary and whether the amendments had been made in bad faith. The court also examined the nature and extent of the amendments, the reasons for them, and the impact on the respondent's costs.

The court found that the claimant's amendments to the claim had caused the respondent to incur additional costs that were not reasonably necessary. The amendments had resulted in the respondent having to prepare additional documentation and attend multiple court reviews. The court determined that the amendments were vexatious, oppressive, or an abuse of process, warranting an order for the respondent's costs. The court further found that the claimant's conduct in making the amendments was not in good faith, as they had been made after the respondent had already incurred significant costs in responding to the initial claim.

The court ordered that the claimant pay 50% of the respondent's costs of preparing the respondent's request for particulars of the claim for compensation, preparing the respondent's response to the claimant's statement of facts, issues and contentions, and all court reviews prior to the review on 13 August 2013. The court also ordered that the claimant pay the respondent's costs of and incidental to this application for costs. The costs were to be assessed on the standard basis.