Ballina Shire Council v Leadbeatter and Anor [2023] NSWLEC 12

Ballina Shire Council v Leadbeatter and Anor [2023] NSWLEC 12

Council did not act unreasonably in commencing or maintaining the proceedings because the respondents had failed to comply with two directives requiring a compliant child-resistant barrier and had disputed their obligation to do so. The respondents' later installation of a compliant barrier gave Council the practical result sought, and Council would have been entitled to substantially similar relief if the matter had proceeded to final hearing. However, justice required a reduction to the usual costs order because some delay was beyond the respondents' control and costs related to the unfiled notice of motion should be excluded; Council was therefore entitled to 75% of its costs excluding...

Jurisdiction
Australia
Judgment Date
23 February 2023
Procedural Posture
Class 4 Civil Enforcement Proceedings; Costs Application / Application for Costs After Proceedings Resolved Without a Determination on the Merits
Outcome
Costs ordered for the applicant in part.
Legal Topics
['costs in Class 4 Proceedings' 'self Represented Respondents' 'civil Enforcement' 'child Resistant Swimming Pool Barrier' 'proceedings Resolved Without Merits Hearing']
['costs' 'environmental Planning and Assessment' 'swimming Pool Safety Compliance'] ['costs in Class 4 Proceedings' 'self Represented Respondents' 'civil Enforcement' 'child Resistant Swimming Pool Barrier' 'proceedings Resolved Without Merits Hearing']

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Procedural Posture

Class 4 Civil Enforcement Proceedings; Costs Application / Application for Costs After Proceedings Resolved Without a Determination on the Merits

Legal Issues

  1. 1 ['Whether Council was entitled to costs where the proceedings were resolved after the respondents installed a compliant child-resistant barrier without a determination on the merits.' 'Whether Council acted unreasonably in commencing or maintaining the proceedings.' "Whether the respondents' compliance gave Council the practical result it sought and whether Council would have succeeded if the matter had been fully tried." "Whether any disentitling conduct or other circumstances justified reducing Council's costs."]

Ratio Decidendi

Council did not act unreasonably in commencing or maintaining the proceedings because the respondents had failed to comply with two directives requiring a compliant child-resistant barrier and had disputed their obligation to do so. The respondents' later installation of a compliant barrier gave Council the practical result sought, and Council would have been entitled to substantially similar relief if the matter had proceeded to final hearing. However, justice required a reduction to the usual costs order because some delay was beyond the respondents' control and costs related to the unfiled notice of motion should be excluded; Council was therefore entitled to 75% of its costs excluding...

Court Disposition

Costs ordered for the applicant in part.

Orders

  • ["Matthew Lando Leadbeatter and Michelle Dianne Leadbeatter are to pay 75% of Ballina Shire Council's costs of the proceedings excluding any costs related to the preparation of a notice of motion in August 2021."]