In compulsory acquisition compensation proceedings under the Land Acquisition Act 1993 (Tas), the predominant consideration in exercising the costs discretion under s 60(2) is whether the compensation awarded exceeds the acquiring authority's offer. An excessive claim by the claimant will not necessarily deprive the claimant of costs where the compensation awarded exceeds the offer, particularly where the acquiring authority unreasonably refused to participate in mediation. A claimant who advances a claim consistent with expert advice on valuation methodology is not acting unreasonably merely because the court does not adopt that methodology.
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