In Alpine Pty Ltd v Brisbane City Council, the applicant, Alpine Pty Ltd, sought a judicial review of a decision by Brisbane City Council to impose a Vegetation Protection Order (VPO) on a Eucalyptus tree on its property. The application was dismissed, and the Court subsequently dealt with the issue of costs. The respondent, Brisbane City Council, sought indemnity costs based on a Calderbank offer that it argued the applicant had unreasonably rejected. The applicant contended that costs should be on the standard basis and argued the rejection was reasonable. The Court found that while the offer did not explicitly state the pursuit of indemnity costs upon rejection, it nevertheless assessed the appropriateness of such an award. Ultimately, the Court determined that the rejection of the offer was not unreasonable or imprudent, particularly given the legal context and the need to resolve certain issues in the Local Law. An order was made for the applicant to pay the respondent’s costs on the standard basis, not indemnity costs.
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