Monti v Roads and Maritime Services (No 3) [2018] NSWLEC 183

Monti v Roads and Maritime Services (No 3) [2018] NSWLEC 183

Where applicants in a compulsory acquisition proceeding materially change their claims for compensation during the hearing and subsequently abandon those claims, causing the respondent to incur additional and wasted costs, it is appropriate to order that the applicants pay the respondent's costs thrown away from such conduct.

Parties
First Applicant: Allan Keith Monti; Second Applicant: Phillip Daniel Monti; Third Applicant: Christopher John Monti; Respondent: Roads and Maritime Services
Jurisdiction
Australia
Judgment Date
13 November 2018
Procedural Posture
Compulsory Acquisition Costs Application / Post Hearing, Costs Determination
Outcome
Applicants ordered to pay respondent's costs thrown away due to abandonment of claims.
Legal Topics
Compulsory Acquisition Compensation, Costs Thrown Away, Amendment and Abandonment of Claims
Compulsory Acquisition Civil Procedure Costs Compulsory Acquisition Compensation Costs Thrown Away Amendment and Abandonment of Claims

Case Brief

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Parties

Allan Keith Monti

First Applicant

Phillip Daniel Monti

Second Applicant

Christopher John Monti

Third Applicant

Roads and Maritime Services

Respondent

Procedural Posture

Compulsory Acquisition Costs Application / Post Hearing, Costs Determination

Legal Issues

  1. 1 Whether applicants should pay respondent's costs thrown away due to changes and abandonment of claims for compensation in compulsory acquisition proceedings

Ratio Decidendi

Where applicants in a compulsory acquisition proceeding materially change their claims for compensation during the hearing and subsequently abandon those claims, causing the respondent to incur additional and wasted costs, it is appropriate to order that the applicants pay the respondent's costs thrown away from such conduct.

Court Disposition

Applicants ordered to pay respondent's costs thrown away due to abandonment of claims.

Orders

  • Applicants to pay respondent's costs thrown away of the terminal value claim.
  • Applicants to pay respondent's costs thrown away of the alternative disturbance claim.