Murray Investments Pty Ltd v Chief Executive, Department of Main Roads

Murray Investments Pty Ltd brought a claim for compensation in the Land Court under the Acquisition of Land Act 1967, following the resumption of land on which its service station was situated. The Court determined the compensation to be $616,427. Both parties made submissions on the issue of costs, but only the successful party under s.27(2) of the Act could be considered for an award of costs. The court had to determine which party was successful, and then whether it should exercise its discretion to award costs to the successful party. The court found that the final position of the claimant was $855,273, and the final position of the respondent was $313,663. The amount determined was closer to the claimant's final position, meaning that the claimant was entitled to have its application for costs considered. However, the court exercised its discretion not to award costs to the claimant, having regard to the principles set out in the authorities, including the late amendment of the claim and the unrealistic nature of some of the claimant's evidence. The court made no order as to costs.