Megarry Excavation and Roadworks Pty Limited & Ors Ats Blacktown City Council [2002] NSWLEC 198

Megarry Excavation and Roadworks Pty Limited & Ors Ats Blacktown City Council [2002] NSWLEC 198

No order for costs should be made in class 1 proceedings as there were no exceptional circumstances; in class 4 proceedings, Council should recover costs except for the period during which the proceedings were deliberately stayed pending the class 1 process. Each party to bear its own costs regarding the costs hearing.

Parties
Applicant/respondent: Megarry Excavation and Roadworks Pty Limited; Applicant/respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
06 November 2002
Procedural Posture
Class 4 and Class 1 Proceedings / Post Settlement, Adjudication on Costs
Outcome
Partial costs order in favour of Council (class 4 only), no order as to costs (class 1), each party to bear own costs for the costs hearing.
Legal Topics
Costs, Consent Orders, Development Applications, Court Practice Directions
Environmental Law Planning Law Civil Procedure Costs Consent Orders Development Applications Court Practice Directions

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Parties

Megarry Excavation and Roadworks Pty Limited

Applicant/respondent

Blacktown City Council

Applicant/respondent

Procedural Posture

Class 4 and Class 1 Proceedings / Post Settlement, Adjudication on Costs

Legal Issues

  1. 1 Whether the Council is entitled to costs in class 4 and class 1 proceedings resolved by consent orders (save as to costs) without adjudication on merits
  2. 2 Whether the circumstances justified an order for costs in class 1 proceedings (exceptional circumstances)
  3. 3 Whether costs incurred for expert evidence in one proceeding are recoverable in the other

Ratio Decidendi

No order for costs should be made in class 1 proceedings as there were no exceptional circumstances; in class 4 proceedings, Council should recover costs except for the period during which the proceedings were deliberately stayed pending the class 1 process. Each party to bear its own costs regarding the costs hearing.

Court Disposition

Partial costs order in favour of Council (class 4 only), no order as to costs (class 1), each party to bear own costs for the costs hearing.

Orders

  • No order for costs in proceedings No 11044 of 2001 (class 1 proceeding).
  • In proceedings 40141 of 2000 (class 4 proceeding), Respondents to pay Council’s costs excluding costs incurred from 17 February 2001 to 14 May 2002 in the sum agreed, or as assessed.