Ozam Corporation Pty Ltd v Beaudesert Shire Council

[2003] QLC 59

LAND COURT OF QUEENSLAND

CITATION:	Ozam Corporation Pty Ltd v Beaudesert Shire Council  [2003] QLC 0059
PARTIES:	Ozam Corporation Pty Ltd (applicant)
v.
Beaudesert Shire Council (respondent)
FILE NO:	A2002/0079
DIVISION:	Land Court of Queensland
PROCEEDING:	Application for costs under the Acquisition of Land Act 1967
DELIVERED ON:	14 August 2003
DELIVERED AT:	Brisbane
HEARD AT:	Brisbane
MEMBER	Mrs CAC MacDonald
ORDER:	It is ordered that the respondent pay to the claimant the costs of and incidental to the hearing and determination of the claim for compensation.  The amount of such costs shall be decided by the appropriate assessing officer of the Supreme Court under the scale of costs prescribed by law for proceedings in the Supreme Court.
APPEARANCES:	Mr GR Allan for the Claimant Mr S Keliher for the Respondent
SOLICITORS:	Hopgood Ganim Lawyers for the Claimant McAuliffe and Associates for the Respondent

Introduction

1. On 8 August 2003, I handed down my judgment in this matter.  Counsel for the claimant made an oral application for costs to be assessed on the Supreme Court scale.  Counsel for the respondent submitted that an order for costs to be assessed on the District Court scale was more appropriate, as the amount claimed as compensation was within the monetary jurisdiction of the District Court. 

2. I have now considered the matter further and have decided that, in accordance with the normal practice of this Court in relation to a determination of compensation under the Acquisition of Land Act 1967, it is appropriate to make an order pursuant to s.34(5) of the Land Court Act 2000.

Order

It is ordered that the respondent pay to the claimant the costs of and incidental to the hearing and determination of the claim for compensation.  The amount of such costs shall be decided by the appropriate assessing officer of the Supreme Court under the scale of costs prescribed by law for proceedings in the Supreme Court.

CAC MacDONALD

MEMBER OF THE LAND COURT