Janssen v Qureshi [2022] NSWLEC 39

Janssen v Qureshi [2022] NSWLEC 39

The Applicants' commencement of proceedings without direct notice to the Respondents was unreasonable under the circumstances. Although the modification of Condition 7(l) was a supervening event, prospects of success on the merits could not be determined. Weighing all circumstances, including the absence of special features justifying indemnity costs and the Applicants' procedure, the appropriate order is that Applicants pay Respondents' costs on a party-party basis.

Parties
First Applicant: Brett Miles Janssen; Second Applicant: Morna Alexa Lynch; First Respondent: Maureen Murukhi Qureshi; Second Respondent: Christopher Michael Qureshi; Third Respondent: Tiana McSevney
Jurisdiction
Australia
Judgment Date
14 April 2022
Procedural Posture
Civil (class 4 Land and Environment Court of Nsw) / Costs Determination After Discontinuance
Outcome
Applicants to pay Respondents' costs on a party-party basis; exhibits to be returned.
Legal Topics
Costs, Development Consent, Construction Certificates, Discontinued Proceedings
Administrative Law Planning and Environment Law Civil Procedure Costs Development Consent Construction Certificates Discontinued Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Brett Miles Janssen

First Applicant

Morna Alexa Lynch

Second Applicant

Maureen Murukhi Qureshi

First Respondent

Christopher Michael Qureshi

Second Respondent

Tiana McSevney

Third Respondent

Procedural Posture

Civil (class 4 Land and Environment Court of Nsw) / Costs Determination After Discontinuance

Legal Issues

  1. 1 Whether costs should be awarded against the Applicants following discontinuance where proceedings were finalised after modification of consent conditions.
  2. 2 Whether indemnity costs should be awarded to the Respondents.
  3. 3 Whether the Applicants commenced and conducted proceedings unreasonably.

Ratio Decidendi

The Applicants' commencement of proceedings without direct notice to the Respondents was unreasonable under the circumstances. Although the modification of Condition 7(l) was a supervening event, prospects of success on the merits could not be determined. Weighing all circumstances, including the absence of special features justifying indemnity costs and the Applicants' procedure, the appropriate order is that Applicants pay Respondents' costs on a party-party basis.

Court Disposition

Applicants to pay Respondents' costs on a party-party basis; exhibits to be returned.

Orders

  • The Applicants must pay the Respondents' costs of the discontinued proceedings as agreed or assessed on a party-party basis.
  • The Applicants must pay the Respondents' costs of the costs proceedings as agreed or assessed on a party-party basis.