Baulkham Hills Shire Council v Stankovic (No 5) [2008] NSWLEC 327

Baulkham Hills Shire Council v Stankovic (No 5) [2008] NSWLEC 327

There is no irregularity in the entry of the March 2005 costs order, and the strict time bar for challenging the order under r 36.16 has not been complied with. No exceptional circumstances exist to justify the Court exercising its discretion to set aside the final costs order.

Jurisdiction
Australia
Judgment Date
19 December 2008
Procedural Posture
Notice of Motion to Set Aside Costs Order / Judgment on Notice of Motion
Outcome
Notice of Motion dismissed
Legal Topics
['setting Aside Costs Orders' 'irregularity Under Uniform Civil Procedure Rules' "court's Discretion in Final Orders" 'time Bar for Motions']
['practice and Procedure'] ['setting Aside Costs Orders' 'irregularity Under Uniform Civil Procedure Rules' "court's Discretion in Final Orders" 'time Bar for Motions']

Case Brief

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Procedural Posture

Notice of Motion to Set Aside Costs Order / Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether Court should set aside 2005 costs order pursuant to Uniform Civil Procedure Rules 2005' 'Whether order made irregularly under r 36.15' 'Operation of time bar in r 36.16' 'Whether Court should exercise discretion to set aside or stay costs order']

Ratio Decidendi

There is no irregularity in the entry of the March 2005 costs order, and the strict time bar for challenging the order under r 36.16 has not been complied with. No exceptional circumstances exist to justify the Court exercising its discretion to set aside the final costs order.

Court Disposition

Notice of Motion dismissed

Orders

  • ["The Respondent's Notice of Motion dated 25 November 2008 is dismissed." "The Respondent is to pay the Applicant's costs of the Notice of Motion dated 25 November 2008 as agreed or assessed on or by 19 December 2010."]