YFG Shopping Centres Pty Ltd as Tte v Valuer-General; Shayher Alliance Pty Ltd as Tte v Valuer-General; Leda Commercial Properties Pty Ltd as Tte v Valuer-General; Lipoma Pty Ltd as Tte v Valuer-General (No 2)

[2021] QLAC 1

LAND APPEAL COURT OF QUEENSLAND

CITATION:

YFG Shopping Centres Pty Ltd as Tte & Anor v Valuer-General; Shayher Alliance Pty Ltd as Tte v Valuer-General; Leda Commercial Properties Pty Ltd as Tte v Valuer-General; Lipoma Pty Ltd as Tte v Valuer-General (No 2) [2021] QLAC 1

PARTIES: 

YFG Shopping Centres Pty Ltd as Tte
ABN 56 853 411 699
(appellant)

Trondage Enterprises Pty Ltd
ABN 92 067 120 370
(appellant)

 v

Valuer-General

(respondent)

FILE NO:

LAC002-20
Land Court No LVA182-17

PARTIES: 

Shayher Alliance Pty Ltd as Tte
ABN 96 113 268 198
(appellant)

 v

Valuer-General

(respondent)

FILE NO:

LAC003-20
Land Court No LVA183-17

PARTIES: 

Leda Commercial Properties Pty Ltd as Tte
ABN 70 092 070 766
(appellant)

 v

Valuer-General
(respondent)

FILE NO:

LAC004-20

Land Court No LVA211-17

PARTIES: 

Lipoma Pty Ltd as Tte
ABN 65 002 203 581
(appellant)

 v

Valuer-General

(respondent)

FILE NO:

LAC005-20
Land Court No LVA212-17

DIVISION:

Land Appeal Court of Queensland

PROCEEDING:

Costs application

ORIGINATING COURT:

Land Court of Queensland

DELIVERED ON:

3 March 2021

DELIVERED AT:

Brisbane

HEARD ON:

On the papers

Submissions closed 22 December 2020

HEARD AT:

Brisbane

THE COURT:

Boddice J
FY Kingham, President of the Land Court

JR McNamara, Member of the Land Court

ORDER:

Parties to each of the appeals bear their own costs of the appeal.

CATCHWORDS:

COSTS – where the court gave judgment dismissing each of the appellant’s appeal – where each party delivered written submissions contending that each party bear its own costs of the appeal

APPEARANCES:

Not applicable

1. THE COURT: On 15 December 2020, the Court gave judgment dismissing each appellant’s appeal.  The parties were directed to deliver submissions on costs, if it was to be contended that an order should be made other than that the appellants’ pay the respondent’s costs of the appeals.

2. Each party has delivered written submissions contending that, having regard to the provision of s 171 of the Land Valuation Act 2010, the appropriate costs order in the circumstances is that each party bear its own costs of the appeal.

3. Having regard to s 171 of that Act and the submissions of the parties, the Court orders that parties to each of the appeals bear their own costs of the appeal.