Staib v The Commissioner of Main Roads

[1991] QLC 42

[1991] QLC 42

 

  LAND COURT

BRISBANE

11th December, 1991

Re:     Claim for Compensation - A91-28.

Phyllis Maud Staib
  v.
  The Commissioner of Main Roads

DECISION ON APPLICATION FOR COSTS

I have handed down the Judgment in this matter in Brisbane, today, the eleventh of December, 1991.  The solicitor for the respondent has made an application for an Order by the Court that the claimant pay the respondent's costs of and incidental to the action.

Section 27(1) of the Acquisition of Land Act provides that the costs of and incidental to the hearing and determination of a claim for compensation shall be in the discretion of the Court. Sub-section 2 of that section restricts the discretion of the Court dependent upon the amount of the award. Here the amount of compensation as determined (disregarding the claim for items of disturbance) at the amount contended for by the respondent. Accordingly, costs, if any, can only be awarded to the respondent.

While this Judgment is being handed down in Brisbane, the solicitor for the claimant is in practice in Maryborough.  The claimant could be disadvantaged if I consider or determine a question of costs at this time without the benefit of argument.

I therefore grant the solicitor for the claimant liberty, if so instructed, to make to the Registrar submissions why an Order for Costs in favour of the respondent should not be made.  This application must be made on or before the 10th January, 1992.  The Registrar is ordered, upon receipt of any such submission, to forward a copy to the solicitor for the respondent who is hereby given twenty-one (21) days from the date of the Registrar's letter in which to lodge a reply in the office of the Land Court.  My consideration of the merits of the application for costs will be based on the written submissions unless the parties request otherwise.

President of the Land Court