In brief - Court of Appeal reinstates previous position with
regard to costs orders
The Court of Appeal has recently confirmed that when
dispossessed landowners in NSW challenge the compensation paid by
acquiring authorities via class 3 proceedings in the Land &
Environment Court, costs are usually awarded in favour of the
dispossessed landowner, provided they act reasonably in pursuing
the proceedings.
Courts have adopted a cautious approach to costs
The power to compulsorily acquire a person's land is one of
the more substantive powers available to all levels of government
and numerous statutory agencies.
Unsurprisingly, when dispossessed landowners in NSW elect to
challenge the compensation paid by acquiring authorities, via class
3 of the NSW Land & Environment Court's jurisdiction, the
Court has adopted a somewhat cautious approach to the question of
who should pay the costs of such proceedings, particularly in
circumstances where the sum awarded by the
