Averala Pty Limited v Valuer-General, Tchadovitch v Valuer-General [2006] NSWLEC 757

Averala Pty Limited v Valuer-General, Tchadovitch v Valuer-General [2006] NSWLEC 757

In view of the full circumstances of each matter, including the outcome, the making of settlement offers, the conduct of the proceedings, and factors outside the parties’ control (such as the illness of the respondent’s valuer), it is not fair and reasonable to make an order for costs under Pt 16 r 4. Each party must bear its own costs of the notices of motion.

Parties
Applicant: Averala Pty Limited; Applicant: Michael Tchadovitch; Respondent: Valuer-General
Jurisdiction
Australia
Judgment Date
16 November 2006
Procedural Posture
Applications for Costs Following Objections to Land Valuations / Post Judgment Costs Applications
Outcome
notices of motion for costs dismissed; each party to pay its own costs of the notice of motion
Legal Topics
Objections to Land Valuations, Costs—no Order Unless Fair and Reasonable Under Pt 16 R 4, Impact of Party Offers and Course of Proceedings
Valuation Law Costs Procedure Land Law Objections to Land Valuations Costs—no Order Unless Fair and Reasonable Under Pt 16 R 4 Impact of Party Offers and Course of Proceedings

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Parties

Averala Pty Limited

Applicant

Michael Tchadovitch

Applicant

Valuer-General

Respondent

Procedural Posture

Applications for Costs Following Objections to Land Valuations / Post Judgment Costs Applications

Legal Issues

  1. 1 Whether it is fair and reasonable to make an order for costs in land valuation objection proceedings under Pt 16 r 4 of the Land and Environment Court Rules 1996

Ratio Decidendi

In view of the full circumstances of each matter, including the outcome, the making of settlement offers, the conduct of the proceedings, and factors outside the parties’ control (such as the illness of the respondent’s valuer), it is not fair and reasonable to make an order for costs under Pt 16 r 4. Each party must bear its own costs of the notices of motion.

Court Disposition

notices of motion for costs dismissed; each party to pay its own costs of the notice of motion

Orders

  • The notice of motion for costs is dismissed.
  • Each party pay its own costs of the notice of motion.