Bezzina Developers Pty Limited v Leichhardt Municipal Council [2006] NSWLEC 615

Bezzina Developers Pty Limited v Leichhardt Municipal Council [2006] NSWLEC 615

The Court should award the applicant its costs of the proceedings except for those costs incurred in relation to the directions hearings and the part of the claim for loss attributable to disturbance regarding mortgage costs and interest. The respondent is entitled to the costs of those defined issues, as the applicant failed to prosecute those elements properly, thereby causing unnecessary costs for the respondent. Costs related to alternative schemes form part of a legitimate process and are not subject to a special order.

Parties
Applicant: Bezzina Developers Pty Limited; Respondent: Leichhardt Municipal Council
Jurisdiction
Australia
Judgment Date
29 September 2006
Procedural Posture
Costs Application After Land Acquisition Compensation Proceedings / Post Judgment Costs Determination
Outcome
Special costs orders made: respondent to pay applicant's costs except specifically excluded issues, and each party to pay their own costs regarding costs notices of motion.
Legal Topics
Costs Orders, Compulsory Acquisition, Just Terms Compensation, Loss Attributable to Disturbance
Land Law Compensation Law Civil Procedure Costs Orders Compulsory Acquisition Just Terms Compensation Loss Attributable to Disturbance

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Parties

Bezzina Developers Pty Limited

Applicant

Leichhardt Municipal Council

Respondent

Procedural Posture

Costs Application After Land Acquisition Compensation Proceedings / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether a special costs order should be made in respect of defined issues between the parties
  2. 2 Which party should bear costs relating to disturbance claims and specific directions hearings
  3. 3 Appropriateness of awarding costs for evidence relating to alternative schemes

Ratio Decidendi

The Court should award the applicant its costs of the proceedings except for those costs incurred in relation to the directions hearings and the part of the claim for loss attributable to disturbance regarding mortgage costs and interest. The respondent is entitled to the costs of those defined issues, as the applicant failed to prosecute those elements properly, thereby causing unnecessary costs for the respondent. Costs related to alternative schemes form part of a legitimate process and are not subject to a special order.

Court Disposition

Special costs orders made: respondent to pay applicant's costs except specifically excluded issues, and each party to pay their own costs regarding costs notices of motion.

Orders

  • Respondent to pay applicant's costs of the proceedings, except for costs of specified directions hearings and the claim for loss attributable to disturbance in respect of mortgage costs and interest.
  • Applicant to pay respondent's costs of specified directions hearings and the claim for loss attributable to disturbance in respect of mortgage costs and interest.