Rob Anderson KC (leading W D J Macintosh) represented the respondent, instructed by HWL Ebsworth Lawyers.
In summary, this was an application for leave to appeal against a decision of the Land Appeal Court concerning the operation of s 16 of the Acquisition of Land Act 1967 (Qld). In particular, the Court was asked whether the Land Appeal Court properly interpreted the meaning and scope of “costs and expenses” in s 16(1A) and how this provision interacted with s 16(1C). Ultimately, the Court granted leave to appeal, set aside the Land Appeal Court’s ‘no’ answer to the preliminary question and remitted the matter back to the Land Court for determination. The Court reasoned that the preliminary question, as framed, did not reflect the true controversy and was not capable of a meaningful binary answer. In doing so, the Court suggested that “costs and expenses” ordinarily means outlays (whether or not yet paid) which have a causal nexus to the giving of the notice of intention to resume the land.
The judgment can be read by clicking here
