Belongil Progress Association Inc v Byron Shire Council & Anor [2000] NSWLEC 118

Belongil Progress Association Inc v Byron Shire Council & Anor [2000] NSWLEC 118

The applicant was entitled to its costs because the Court's findings in the substantive proceedings were in the applicant's favour on all three issues, none of its claims was frivolous or vexatious, and the reformulation of issues did not unnecessarily prolong the proceedings. The second respondent contributed to the ultimate invalidity of the LEP through the deficiency of its report to the Minister and was therefore partly responsible, making it appropriate for the respondents to pay the applicant's costs apportioned 70% to the first respondent and 30% to the second respondent.

Jurisdiction
Australia
Judgment Date
15 June 2000
Procedural Posture
Costs in Land and Environment Court Proceedings Concerning Validity of Amendment No 66 of the Byron Local Environmental Plan 1998 / Judgment No 2 Costs
Outcome
The applicant was awarded its costs against the first and second respondents, apportioned between the respondents.
Legal Topics
['costs' 'apportionment of Costs' 'validity of Local Environmental Plan' 'environmental Planning and Assessment Act 1979' 'planning Instrument Procedure']
['environmental Planning Law' 'civil Procedure'] ['costs' 'apportionment of Costs' 'validity of Local Environmental Plan' 'environmental Planning and Assessment Act 1979' 'planning Instrument Procedure']

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Procedural Posture

Costs in Land and Environment Court Proceedings Concerning Validity of Amendment No 66 of the Byron Local Environmental Plan 1998 / Judgment No 2 Costs

Legal Issues

  1. 1 ['Whether the successful applicant should receive its costs from the respondents.' 'Whether costs should be apportioned because the applicant did not succeed on all issues or because some issues were abandoned or reformulated.' "Whether the second respondent should bear a portion of the applicant's costs because deficiency in the s 69 report contributed to invalidity of the LEP."]

Ratio Decidendi

The applicant was entitled to its costs because the Court's findings in the substantive proceedings were in the applicant's favour on all three issues, none of its claims was frivolous or vexatious, and the reformulation of issues did not unnecessarily prolong the proceedings. The second respondent contributed to the ultimate invalidity of the LEP through the deficiency of its report to the Minister and was therefore partly responsible, making it appropriate for the respondents to pay the applicant's costs apportioned 70% to the first respondent and 30% to the second respondent.

Court Disposition

The applicant was awarded its costs against the first and second respondents, apportioned between the respondents.

Orders

  • ['The first and second respondents pay the costs of the applicant.' "Between the first and second respondent, the costs payable pursuant to Order 1 hereof be apportioned. The first respondent is liable for 70% of the costs and the second respondent is liable for 30% of the applicant's costs of the application in the...