Murdesk Investments Pty Ltd v Roads Corporation

The dispute between Murdesk Investments Pty Ltd and the Roads Corporation was brought before the court to determine the entitlement of the claimant to ascertain compensation due to it under section 91(1) of the Land Acquisition and Compensation Act 1986. The primary issue revolved around whether the claimant was entitled to compensation and, if so, the quantum of that compensation. Additionally, the court had to consider the relevance of abandoned claims, the costs of particular witnesses, and whether the Roads Corporation failed to make an offer within the prescribed time. The court also needed to assess whether there were unduly depressed offers and the absence of special circumstances warranting solicitor/client costs.

The court found that the claimant was entitled to ascertain compensation due to it, but it was not necessary to consider the abandoned claims in determining the compensation due. The court further held that the claimant was not entitled to the costs of particular witnesses, as there was no failure by the Roads Corporation to make an offer in the prescribed time. The court also determined that the offers made were not unduly depressed and that there were no special circumstances warranting solicitor/client costs. Consequently, the court ordered that the costs of both the claimant and the Roads Corporation be set off in part.

This decision provides clarity on the assessment of compensation under the Act, the relevance of abandoned claims, and the conditions under which costs may be awarded. The court's ruling on the set-off of costs is particularly significant as it underscores the importance of timely offers and the absence of undue depression in offers. The final orders reflect the court's determination on the compensation due and the partial set-off of costs between the parties involved.