Willoughby City Council v Blanc Black Projects Pty Limited (No 2) [2023] NSWLEC 144

Willoughby City Council v Blanc Black Projects Pty Limited (No 2) [2023] NSWLEC 144

Council was the successful party in the s 56A appeal because it achieved the setting aside of the part of the Commissioner's decision concerning Condition 27. The relevant "event" for r 42.1 was the practical outcome of the s 56A appeal, not whether Condition 27 would ultimately be imposed after remitter. However, because Council failed on several discrete grounds that occupied time and caused unnecessary expense, a modest apportionment was appropriate, and Blanc Black was ordered to pay 85% of Council's costs of the appeal and costs application.

Jurisdiction
Australia
Judgment Date
19 December 2023
Procedural Posture
Class 1 Costs Application Following an Appeal Pursuant to S 56 a of the Land and Environment Court Act 1979 (nsw) / On the Papers After Determination of the S 56 a Appeal
Outcome
Blanc Black Projects Pty Limited ordered to pay 85% of Willoughby City Council's costs.
Legal Topics
['costs Follow the Event' 'apportionment of Costs' 'section 56 a Appeal' 'development Consent Condition for Affordable Housing Contribution']
['costs' 'planning and Environment'] ['costs Follow the Event' 'apportionment of Costs' 'section 56 a Appeal' 'development Consent Condition for Affordable Housing Contribution']

Case Brief

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Procedural Posture

Class 1 Costs Application Following an Appeal Pursuant to S 56 a of the Land and Environment Court Act 1979 (nsw) / On the Papers After Determination of the S 56 a Appeal

Legal Issues

  1. 1 ['Whether the successful appellant in a s 56A appeal should be awarded costs.' 'How the relevant "event" should be identified for the purpose of r 42.1 of the Uniform Civil Procedure Rules 2005 (NSW).' "Whether Council's costs should be apportioned because it failed on several grounds of appeal."]

Ratio Decidendi

Council was the successful party in the s 56A appeal because it achieved the setting aside of the part of the Commissioner's decision concerning Condition 27. The relevant "event" for r 42.1 was the practical outcome of the s 56A appeal, not whether Condition 27 would ultimately be imposed after remitter. However, because Council failed on several discrete grounds that occupied time and caused unnecessary expense, a modest apportionment was appropriate, and Blanc Black was ordered to pay 85% of Council's costs of the appeal and costs application.

Court Disposition

Blanc Black Projects Pty Limited ordered to pay 85% of Willoughby City Council's costs.

Orders

  • ['Blanc Black Projects Pty Limited is to pay 85% of the costs of Willoughby City Council in relation to the appeal brought pursuant to s 56A of the Land and Environment Court Act 1979 (NSW) and the application for costs.']