Reysson Pty Ltd v Roads and Maritime Services (No 2) [2012] NSWLEC 91

Reysson Pty Ltd v Roads and Maritime Services (No 2) [2012] NSWLEC 91

The respondent is ordered to pay the applicant's costs of the preliminary question on the ordinary basis with leave to proceed immediately to assessment if not agreed within a reasonable time, as the costs relate to a discrete aspect and delay is likely, but indemnity costs are refused because the Calderbank offer lacked genuine compromise. The respondent is to pay 50 per cent of the applicant's costs of the notice of motion, such proportion to be applicant's costs in the cause.

Jurisdiction
Australia
Judgment Date
30 April 2012
Procedural Posture
Compensation for Compulsory Acquisition of Land / Costs Determination Following Preliminary Question
Outcome
Orders made for costs: respondent to pay applicant's costs of preliminary question (ordinary basis, immediate assessment if not agreed); directions made; respondent to pay 50 per cent of applicant's costs of notice of motion.
Legal Topics
['preliminary Question Costs' 'compulsory Land Acquisition' 'calderbank Offer' 'indemnity Costs' 'notice of Motion Costs']
['compensation' 'compulsory Acquisition' 'costs'] ['preliminary Question Costs' 'compulsory Land Acquisition' 'calderbank Offer' 'indemnity Costs' 'notice of Motion Costs']

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Procedural Posture

Compensation for Compulsory Acquisition of Land / Costs Determination Following Preliminary Question

Legal Issues

  1. 1 ["Whether respondent should pay applicant's costs of preliminary question on an indemnity or ordinary basis" 'Whether leave should be granted to proceed immediately to assessment if costs are not agreed' "Whether respondent should pay applicant's costs of notice of motion when other matters were not pressed"]

Ratio Decidendi

The respondent is ordered to pay the applicant's costs of the preliminary question on the ordinary basis with leave to proceed immediately to assessment if not agreed within a reasonable time, as the costs relate to a discrete aspect and delay is likely, but indemnity costs are refused because the Calderbank offer lacked genuine compromise. The respondent is to pay 50 per cent of the applicant's costs of the notice of motion, such proportion to be applicant's costs in the cause.

Court Disposition

Orders made for costs: respondent to pay applicant's costs of preliminary question (ordinary basis, immediate assessment if not agreed); directions made; respondent to pay 50 per cent of applicant's costs of notice of motion.

Orders

  • ["Respondent to pay applicant's costs of preliminary question on the ordinary basis with leave to proceed immediately to assessment if not otherwise agreed within a reasonable time." 'Directions as agreed by counsel to progress to hearing date.' "Respondent to pay 50 per cent of applicant's costs of notice of motion...