Carriage v Stockland Development Pty Ltd & Ors [No 8] [2004] NSWLEC 727

Carriage v Stockland Development Pty Ltd & Ors [No 8] [2004] NSWLEC 727

Given the Applicant's clear success on Grounds 1 and 2, and the proceedings' current stage, it is appropriate to award costs in favour of the Applicant on these grounds against the First Respondent. The issues in Grounds 1, 2, and 4 are sufficiently interlinked that no costs order is warranted for Ground 4.

Jurisdiction
Australia
Judgment Date
20 December 2004
Procedural Posture
Costs Application / Post Judgment, Costs Determination for Grounds 1 and 2, Prior to Final Resolution of Ground 3
Outcome
Costs awarded in favour of the Applicant on Grounds 1 and 2 against the First Respondent; no order as to costs on Ground 4; costs of this costs hearing also awarded to Applicant against First Respondent.
Legal Topics
['costs' 'public Interest Litigation' 'development Consent' 'construction Certificates' 'injunctions']
['environmental Law' 'planning Law'] ['costs' 'public Interest Litigation' 'development Consent' 'construction Certificates' 'injunctions']

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Procedural Posture

Costs Application / Post Judgment, Costs Determination for Grounds 1 and 2, Prior to Final Resolution of Ground 3

Legal Issues

  1. 1 ['Whether a partial award of costs should be made in favour of the Applicant in relation to Grounds 1 and 2' 'Whether the proceedings are at a sufficiently final stage to warrant a costs order' 'Whether costs should be apportioned for Ground 4, where the Applicant was unsuccessful']

Ratio Decidendi

Given the Applicant's clear success on Grounds 1 and 2, and the proceedings' current stage, it is appropriate to award costs in favour of the Applicant on these grounds against the First Respondent. The issues in Grounds 1, 2, and 4 are sufficiently interlinked that no costs order is warranted for Ground 4.

Court Disposition

Costs awarded in favour of the Applicant on Grounds 1 and 2 against the First Respondent; no order as to costs on Ground 4; costs of this costs hearing also awarded to Applicant against First Respondent.

Orders

  • ['The First Respondent pay the costs of the Applicant in relation to Grounds 1 and 2 of these proceedings.' 'The First Respondent pay the costs of the Applicant in relation to the costs hearing on 20 December 2004.']