Piety Developments Pty Ltd v Cumberland City Council (No 2) [2023] NSWSC 774

Piety Developments Pty Ltd v Cumberland City Council (No 2) [2023] NSWSC 774

Given that PD was wholly successful in the discrete hearing on the Council's declaratory relief and there was no substantial overlap with remaining issues, it is not premature or unjust to award costs now. Costs of the cross-claim proceedings are to be paid by the Council.

Jurisdiction
Australia
Judgment Date
05 July 2023
Procedural Posture
Cross Summons (costs Application) / Post Judgment (costs After Determination of Declaratory Relief)
Outcome
Defendant to pay plaintiff's costs of the cross-claim proceedings and this application.
Legal Topics
['costs' 'declaratory Relief' 'local Government']
['equity'] ['costs' 'declaratory Relief' 'local Government']

Case Brief

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Procedural Posture

Cross Summons (costs Application) / Post Judgment (costs After Determination of Declaratory Relief)

Legal Issues

  1. 1 ["Whether the costs of the defendant's failed claims for declaratory relief should be determined now or be costs in the cause"]

Ratio Decidendi

Given that PD was wholly successful in the discrete hearing on the Council's declaratory relief and there was no substantial overlap with remaining issues, it is not premature or unjust to award costs now. Costs of the cross-claim proceedings are to be paid by the Council.

Court Disposition

Defendant to pay plaintiff's costs of the cross-claim proceedings and this application.

Orders

  • ["Order that the defendant pay the plaintiff's costs of the defendant's Cross-Summons filed 14 February 2022 on the ordinary basis, as agreed or assessed." "Order that the defendant pay the plaintiff's costs of this costs application."]