Bathurst City Council v Stamatopoulos No. 2 (Costs) [2002] NSWLEC 118

Bathurst City Council v Stamatopoulos No. 2 (Costs) [2002] NSWLEC 118

Given the respondents’ conduct in not disclosing the true position to the council and not complying with orders to provide affidavits, they were largely to blame for the institution and continued prosecution of the proceedings and have brought it upon themselves; therefore, no order for costs should be made as to either party.

Parties
Applicant: Bathurst City Council; Respondent: Theo Stamatopoulos; Respondent: Dianne Stamatopoulos
Jurisdiction
Australia
Judgment Date
07 June 2002
Procedural Posture
Costs Application / Post Judgment
Outcome
Application for costs dismissed; no order as to costs for either party.
Legal Topics
Costs, Discretion to Award Costs, Land and Environment Court Procedure
Civil Procedure Costs Discretion to Award Costs Land and Environment Court Procedure

Case Brief

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Parties

Bathurst City Council

Applicant

Theo Stamatopoulos

Respondent

Dianne Stamatopoulos

Respondent

Procedural Posture

Costs Application / Post Judgment

Legal Issues

  1. 1 Whether the successful respondents are entitled to an order for costs in proceedings where contempt charges were dismissed.
  2. 2 Whether parties’ conduct disentitled them to an award of costs.

Ratio Decidendi

Given the respondents’ conduct in not disclosing the true position to the council and not complying with orders to provide affidavits, they were largely to blame for the institution and continued prosecution of the proceedings and have brought it upon themselves; therefore, no order for costs should be made as to either party.

Court Disposition

Application for costs dismissed; no order as to costs for either party.

Orders

  • The respondents' motion for costs of the proceedings be dismissed.
  • The council's claim for costs of the motion be dismissed.