The Owners - Strata Plan No. 74664, 74662, 74667, 74670, 74668 v Auburn Council [2008] NSWLEC 230

The Owners - Strata Plan No. 74664, 74662, 74667, 74670, 74668 v Auburn Council [2008] NSWLEC 230

The Council's orders were invalid and issued under an invalid premise; in view of the Council's acceptance of invalidity and the applicants' reasonable conduct in commencing appeals to protect their position, it is fair and reasonable to displace the presumption against a costs order and direct the Council to pay the applicants' costs.

Jurisdiction
Australia
Judgment Date
05 August 2008
Procedural Posture
Class 1 Appeal (land and Environment) / Ex Tempore Judgment on Notices of Motion for Leave to Discontinue and for Costs
Outcome
Applicants discontinued proceedings; Council ordered to pay costs.
Legal Topics
['costs in Environmental Proceedings' 'validity of Council Orders' 'appeal Discontinuance']
['environmental Law' 'administrative Law'] ['costs in Environmental Proceedings' 'validity of Council Orders' 'appeal Discontinuance']

Case Brief

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Procedural Posture

Class 1 Appeal (land and Environment) / Ex Tempore Judgment on Notices of Motion for Leave to Discontinue and for Costs

Legal Issues

  1. 1 ['Whether the presumption of no order as to costs was displaced' "Whether it was fair and reasonable for Auburn Council to pay the applicants' costs of the proceedings" 'Whether Council orders served on applicants were invalid under the Environmental Planning and Assessment Act 1979']

Ratio Decidendi

The Council's orders were invalid and issued under an invalid premise; in view of the Council's acceptance of invalidity and the applicants' reasonable conduct in commencing appeals to protect their position, it is fair and reasonable to displace the presumption against a costs order and direct the Council to pay the applicants' costs.

Court Disposition

Applicants discontinued proceedings; Council ordered to pay costs.

Orders

  • ['Applicants discontinue the proceedings in each of the five proceedings.' "Respondent to pay applicants' costs of the proceedings as agreed or assessed, including costs of the notice of motion filed 30 July 2008."]