Arden Anglican School v Hornsby Shire Council [2008] NSWLEC 103

Arden Anglican School v Hornsby Shire Council [2008] NSWLEC 103

The Court held that, in the circumstances, it was not fair and reasonable to depart from the ordinary rule that there be no order as to costs against Unilever. The matters raised by Unilever, although ultimately unsuccessful, were within the expected scope of issues for an intervener in such proceedings and did not amount to adversarial civil litigation or justify a costs order.

Parties
Applicant: Arden Anglican School; First Respondent: Hornsby Shire Council; Second Respondent: Unilever Australia Pty Limited
Jurisdiction
Australia
Judgment Date
07 March 2008
Procedural Posture
Planning Appeal (class 1 Merit Appeal) / Costs Determination After Final Judgment
Outcome
Applicant's notice of motion for costs dismissed except in relation to one discrete matter; no order as to costs of proceedings.
Legal Topics
Costs in Planning Appeals, Joinder of Parties, Discretion as to Costs
Planning Law Civil Procedure Costs in Planning Appeals Joinder of Parties Discretion as to Costs

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Parties

Arden Anglican School

Applicant

Hornsby Shire Council

First Respondent

Unilever Australia Pty Limited

Second Respondent

Procedural Posture

Planning Appeal (class 1 Merit Appeal) / Costs Determination After Final Judgment

Legal Issues

  1. 1 Whether it is fair and reasonable to order an intervener to pay costs of issues it raised and lost in a planning appeal

Ratio Decidendi

The Court held that, in the circumstances, it was not fair and reasonable to depart from the ordinary rule that there be no order as to costs against Unilever. The matters raised by Unilever, although ultimately unsuccessful, were within the expected scope of issues for an intervener in such proceedings and did not amount to adversarial civil litigation or justify a costs order.

Court Disposition

Applicant's notice of motion for costs dismissed except in relation to one discrete matter; no order as to costs of proceedings.

Orders

  • The applicant's notice of motion filed on 3 October 2007 is dismissed except in relation to prayer 2.
  • The applicant is to pay 80 percent of the second respondent's costs of that notice of motion.