Pott v The Commissioner for Railways; Hermann v The Commissioner for Railways

In the case of Pott v The Commissioner for Railways and Hermann v The Commissioner for Railways, the dispute centred around claims for compensation for land acquired for public purposes. The Commissioner for Railways, the respondent, sought to have costs awarded to them following a determination of compensation, a right provided under Section 27 of the Acquisition of Land Act 1967 - 1986. The claimants argued against the imposition of costs, highlighting that the disparity in the amounts claimed and awarded made meaningful negotiation impossible, and that the Commissioner's actions, including substantial works undertaken to address erosion, were only carried out shortly before the hearing, suggesting a reactive rather than proactive approach.

The court had to consider whether it should exercise its discretion under the Act to make an order for costs. The claimants pointed to the significant delay in addressing their concerns and the substantial nature of the works undertaken just before the hearing, which they argued justified their decision to proceed with litigation. They suggested that if any costs were to be awarded, it should be limited to the period before the remedial works were evident. The Commissioner, on the other hand, argued that the substantial claims necessitated litigation, and the works were a matter of maintenance rather than new development.

In making its decision, the court acknowledged the substantial nature of the works and their potential to justify the claimants' decision to litigate. The court concluded that the timing and nature of the works, which were still in progress at the time of the hearing, supported the claimants' concerns about potential damage to their land. The court decided to exercise its discretion and make no order for costs, finding that the circumstances warranted this decision.

No order for costs was made.