Roads Corporation v Love (No 2)

Roads Corporation v Love (No 2) was a case before the Supreme Court of Queensland. The dispute centred around compensation for land acquired by the Roads Corporation under the Land Acquisition and Compensation Act 1986. The legal issues primarily involved the principles governing the assessment of costs in such compensation claims, particularly the non-applicability of traditional rules relating to offers of compromise, the potential relevance of Calderbank offers, and the circumstances under which a special award of costs may be justified.

The court had to determine whether the traditional rules concerning offers of compromise applied to the compensation claim. It also had to consider if a Calderbank offer could have any relevance in this context and whether a refusal to accept such an offer could result in special costs. The court further needed to address the broader issue of costs consequent upon the refusal of a Calderbank offer, the appropriateness of an issues-based award of costs, and incidental questions of costs, including those arising from the use of three counsel and the costs of transcripts.

The court found that the traditional rules for offers of compromise did not apply to the compensation claim. It considered the potential relevance of a Calderbank offer but concluded that no special costs were warranted for the refusal of such an offer. The court ordered that the costs of the transcript be borne equally by both parties and held that the mediation order did not warrant a special award of costs. The court also addressed the use of three counsel and the reserved costs, ultimately deciding on the appropriate distribution of costs between the parties. The court's final orders reflected its reasoning, providing clarity on the costs associated with the compensation claim.