The State of Queensland v George Quaid Holdings Pty Ltd (No 2)

The State of Queensland, represented by the respondent, filed an application for costs in its favour against George Quaid Holdings Pty Ltd, the claimant, in the matter of a claim for compensation for the resumption of lands pursuant to the Starcke Pastoral Holdings Acquisition Act 1994. The claimant did not contest the right of the respondent to make the application but opposed the making of the order sought. The court considered the principles governing the exercise of the discretion under s.27 of the Acquisition of Land Act and relevant cases. The court found that the claimant's conduct in pursuing a grossly exaggerated claim forced the respondent unreasonably and unnecessarily into litigation. The court ordered that the claimant pay 75% of the respondent's costs in the matter, taking into account the success of the claimant in gaining an increase in value for the freehold land and compensation payable for the resumption of the Pastoral Development Holding. The costs are to 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.