Dillon, Kevin & Anor v Gosford City Council (No.3) [2010] NSWLEC 168

Dillon, Kevin & Anor v Gosford City Council (No.3) [2010] NSWLEC 168

The applicants are entitled to compensation for scour protection disturbance in the sum of $98,152, calculated as 47% of $171,600 (Council's accepted estimate for works), plus $17,500 allowed for ancillary costs. Costs awarded: Council to pay 75% of applicants' costs up to 22 July 2009; applicants to pay Council's costs of Notice of Motion (from 10 Aug 2009); applicants to pay Council's costs regarding Notice to Produce; applicants to pay 50% of Council's costs for proceedings after 22 July 2009 regarding scour protection. Offers of compromise and litigant conduct were significant in determination of costs, with neither party receiving indemnity costs.

Parties
Applicants: Kevin and Kerry Dillon; Respondent: Gosford City Council
Jurisdiction
Australia
Judgment Date
16 September 2010
Procedural Posture
Class 3 Compensation Proceedings / Final Judgment (disturbance Item and Costs)
Outcome
Compensation determined for disturbance item and final costs orders made; previous cost reservations and interim orders discharged.
Legal Topics
Disturbance Compensation, Scour Protection Works, Apportionment of Costs, Offers of Compromise, Calderbank Principles, Costs Orders, Compulsory Acquisition Procedure
Compulsory Acquisition Land Law Disturbance Compensation Scour Protection Works Apportionment of Costs Offers of Compromise Calderbank Principles Costs Orders +1 more

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Parties

Kevin and Kerry Dillon

Applicants

Gosford City Council

Respondent

Procedural Posture

Class 3 Compensation Proceedings / Final Judgment (disturbance Item and Costs)

Legal Issues

  1. 1 What is the just compensation payable for outstanding Disturbance (scour protection) works related to acquisition of an easement?
  2. 2 How should the costs of the proceedings be apportioned between the parties, including costs related to offers of compromise and conduct of litigation?

Ratio Decidendi

The applicants are entitled to compensation for scour protection disturbance in the sum of $98,152, calculated as 47% of $171,600 (Council's accepted estimate for works), plus $17,500 allowed for ancillary costs. Costs awarded: Council to pay 75% of applicants' costs up to 22 July 2009; applicants to pay Council's costs of Notice of Motion (from 10 Aug 2009); applicants to pay Council's costs regarding Notice to Produce; applicants to pay 50% of Council's costs for proceedings after 22 July 2009 regarding scour protection. Offers of compromise and litigant conduct were significant in determination of costs, with neither party receiving indemnity costs.

Court Disposition

Compensation determined for disturbance item and final costs orders made; previous cost reservations and interim orders discharged.

Orders

  • Award compensation in the amount of $45,000 for Market Value loss.
  • Disturbance claim for removal/replacement of unsuitable fill declined.