Thomas v Randwick City Council (No 3) [2019] NSWLEC 161

Thomas v Randwick City Council (No 3) [2019] NSWLEC 161

The earlier costs order should not be set aside because the Second Respondent had decided to seek joinder before 9 August 2019, counsel had been briefed, and no satisfactory explanation was given for waiting until moments before the scheduled s 34AA conciliation conference, thereby causing the conference to be vacated and costs to be thrown away. Although the Second Respondent succeeded on joinder, the Applicants' opposition was not so lacking in merit, and no conduct or circumstance under r 3.7 or Grant v Kiama made it fair and reasonable to require the Applicants to pay her joinder costs. Because the Second Respondent failed on the costs Notice of Motion and costs of costs applications...

Jurisdiction
Australia
Judgment Date
29 October 2019
Procedural Posture
Class 1 Development Appeal Costs Motion / Notice of Motion by the Second Respondent Seeking to Set Aside an Earlier Costs Order and Seeking Costs of the Joinder Proceedings
Outcome
Notice of Motion dismissed; Second Respondent ordered to pay costs of the costs motion.
Legal Topics
['joinder in Class 1 Proceedings' 'costs Thrown Away by Vacation of Conciliation Conference' 'costs of Costs Applications' 'land and Environment Court Rules 2007 R 3.7 Fair and Reasonable Test' 'section 34 AA Conciliation Conference']
['environmental Planning and Development' 'civil Procedure' 'costs'] ['joinder in Class 1 Proceedings' 'costs Thrown Away by Vacation of Conciliation Conference' 'costs of Costs Applications' 'land and Environment Court Rules 2007 R 3.7 Fair and Reasonable Test' 'section 34 AA Conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Development Appeal Costs Motion / Notice of Motion by the Second Respondent Seeking to Set Aside an Earlier Costs Order and Seeking Costs of the Joinder Proceedings

Legal Issues

  1. 1 ['Whether the costs order made on 13 August 2019 for costs thrown away by vacation of the s 34AA conciliation conference should be set aside.' "Whether the Development Applicants should pay the Second Respondent's costs of the joinder motion filed 13 August 2019." "Whether the Second Respondent should pay the Applicants' and First Respondent's costs of the costs Notice of Motion."]

Ratio Decidendi

The earlier costs order should not be set aside because the Second Respondent had decided to seek joinder before 9 August 2019, counsel had been briefed, and no satisfactory explanation was given for waiting until moments before the scheduled s 34AA conciliation conference, thereby causing the conference to be vacated and costs to be thrown away. Although the Second Respondent succeeded on joinder, the Applicants' opposition was not so lacking in merit, and no conduct or circumstance under r 3.7 or Grant v Kiama made it fair and reasonable to require the Applicants to pay her joinder costs. Because the Second Respondent failed on the costs Notice of Motion and costs of costs applications...

Court Disposition

Notice of Motion dismissed; Second Respondent ordered to pay costs of the costs motion.

Orders

  • ['The Notice of Motion is dismissed.' 'The Second Respondent is to pay the costs of the Applicants and of the First Respondent of the costs motion as agreed or assessed.']