Rossi v Living Choice Australia Ltd (No 6) [2014] NSWLEC 116

Rossi v Living Choice Australia Ltd (No 6) [2014] NSWLEC 116

Costs were awarded on an apportionment basis reflecting discrete issues and partial success: all respondents must pay 50% of Mr Rossi's costs for the stage 2 consent judicial review challenge, Living Choice and the Council must pay costs for the retaining walls consent challenge, Living Choice pays costs for civil enforcement proceedings, Living Choice and the Council pay costs for ameliorative orders, each party bears its own costs for the exercise of discretion on demolition and for the July 2013 hearing. The JRPP is liable with others for stage 2 consent costs, not for retaining walls consent costs.

Jurisdiction
Australia
Judgment Date
06 August 2014
Procedural Posture
Judicial Review and Civil Enforcement / Post Substantive Judgment, Costs Determination
Outcome
Costs largely apportioned according to partial success on discrete issues; proposed orders provided in draft for party submissions before finalisation.
Legal Topics
['costs' 'judicial Review' 'development Consent' 'civil Enforcement' 'apportionment of Costs']
['administrative Law' 'environmental Law' 'civil Procedure'] ['costs' 'judicial Review' 'development Consent' 'civil Enforcement' 'apportionment of Costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Judicial Review and Civil Enforcement / Post Substantive Judgment, Costs Determination

Legal Issues

  1. 1 ['Exercise of discretion to award costs following determination of judicial review and civil enforcement' 'Apportionment of costs based on partial success and discrete issues' 'Liability for costs of submitting parties' 'Effect of disentitling conduct in costs determination']

Ratio Decidendi

Costs were awarded on an apportionment basis reflecting discrete issues and partial success: all respondents must pay 50% of Mr Rossi's costs for the stage 2 consent judicial review challenge, Living Choice and the Council must pay costs for the retaining walls consent challenge, Living Choice pays costs for civil enforcement proceedings, Living Choice and the Council pay costs for ameliorative orders, each party bears its own costs for the exercise of discretion on demolition and for the July 2013 hearing. The JRPP is liable with others for stage 2 consent costs, not for retaining walls consent costs.

Court Disposition

Costs largely apportioned according to partial success on discrete issues; proposed orders provided in draft for party submissions before finalisation.

Orders

  • ["All respondents to pay 50% of Mr Rossi's costs for stage 2 consent judicial review challenge." 'Each party to pay its own costs for exercise of discretion whether to order demolition (Rossi (No 3) at [357]-[408]).' "Living Choice and the Council to pay Mr Rossi's costs for the retaining walls consent judicial...