Cobden-Jones & Anor v Woollahra Municipal Council & Ors (Costs) [2002] NSWLEC 221

Cobden-Jones & Anor v Woollahra Municipal Council & Ors (Costs) [2002] NSWLEC 221

The court rejected Applicants' submissions and exercised its wide discretion to award costs with modifications: only one set of costs would be awarded to the Second, Third and Fourth Respondents, apportioned over specific periods relevant to their joinder and involvement. Determination of actual legal liability for payment and quantum of costs left to costs assessment officer.

Jurisdiction
Australia
Judgment Date
29 November 2002
Procedural Posture
Class 4 Proceedings (land and Environment Court) / Post Judgment (costs)
Outcome
Costs orders made in favour of Second, Third and Fourth Respondents; as between applicants and these respondents, each to bear own costs for 7 May 2002.
Legal Topics
['costs' 'multiple Defendants' 'discretion Under S 69 Land and Environment Court Act' 'separate Representation']
['civil Procedure' 'environmental Law'] ['costs' 'multiple Defendants' 'discretion Under S 69 Land and Environment Court Act' 'separate Representation']

Case Brief

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Procedural Posture

Class 4 Proceedings (land and Environment Court) / Post Judgment (costs)

Legal Issues

  1. 1 ['Whether only one set of costs should be awarded to multiple respondents' 'Whether legal liability to pay costs is for the court or the costs assessment officer' 'Application of discretion under s 69 Land and Environment Court Act 1979']

Ratio Decidendi

The court rejected Applicants' submissions and exercised its wide discretion to award costs with modifications: only one set of costs would be awarded to the Second, Third and Fourth Respondents, apportioned over specific periods relevant to their joinder and involvement. Determination of actual legal liability for payment and quantum of costs left to costs assessment officer.

Court Disposition

Costs orders made in favour of Second, Third and Fourth Respondents; as between applicants and these respondents, each to bear own costs for 7 May 2002.

Orders

  • ['Applicants to pay costs as agreed or assessed of the Second Respondent from 9 April 2001 to 9 August 2001.' 'Applicants to pay costs as agreed or assessed of the Third and Fourth Respondents from 10 August 2001 to 23 November 2001.' "Applicants to pay Second, Third and Fourth Respondents' costs of notice of motion...