Hakim and Anor v Canada Bay City Council and Anor [2008] NSWLEC 118

Hakim and Anor v Canada Bay City Council and Anor [2008] NSWLEC 118

Given the unnecessarily large number of amendments to plans/proposals after 22 December 2006, reflecting inadequacies and inaccuracies in the material supplied by the Applicants, it is fair and reasonable that the Applicants pay both Respondents’ costs from that date. The amendments required additional work and costs for the Respondents. The Respondents were reasonable in only seeking costs for amendments after that date.

Parties
Applicants: Mick and Yvonne Hakim; First Respondent: Canada Bay City Council; Second Respondent: The Minister for Ports and Waterways
Jurisdiction
Australia
Judgment Date
20 March 2008
Procedural Posture
Review of Registrar's Decision on Costs (class 1 Proceedings) / Judgment on Costs After Substantive Proceedings
Outcome
Applicants to pay both Respondents’ costs on and from 22 December 2006, including costs of the hearings before the Registrar and the costs of the review application.
Legal Topics
Costs, Review of Costs Orders, Development Consent, Amendment of Plans
Planning and Environment Law Civil Procedure Costs Review of Costs Orders Development Consent Amendment of Plans

Case Brief

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Parties

Mick and Yvonne Hakim

Applicants

Canada Bay City Council

First Respondent

The Minister for Ports and Waterways

Second Respondent

Procedural Posture

Review of Registrar's Decision on Costs (class 1 Proceedings) / Judgment on Costs After Substantive Proceedings

Legal Issues

  1. 1 Whether it is fair and reasonable to award costs to respondents after 22 December 2006
  2. 2 Whether the extensive amendments to development plans in Class 1 proceedings justify a costs order against applicants

Ratio Decidendi

Given the unnecessarily large number of amendments to plans/proposals after 22 December 2006, reflecting inadequacies and inaccuracies in the material supplied by the Applicants, it is fair and reasonable that the Applicants pay both Respondents’ costs from that date. The amendments required additional work and costs for the Respondents. The Respondents were reasonable in only seeking costs for amendments after that date.

Court Disposition

Applicants to pay both Respondents’ costs on and from 22 December 2006, including costs of the hearings before the Registrar and the costs of the review application.

Orders

  • Applicants to pay Canada Bay City Council's costs on and from 22 December 2006.
  • Applicants to pay The Minister for Ports and Waterways’ costs on and from 22 December 2006.