Pravin Laljichudasama & Anor v Blacktown City Council [2017] NSWLEC 1716

Pravin Laljichudasama & Anor v Blacktown City Council [2017] NSWLEC 1716

The Applicants acted unreasonably in the conduct of proceedings and continued the claim after 14 August 2017 when there were no reasonable prospects of success, putting the Respondent to unnecessary costs; therefore, leave to discontinue is granted and the Applicants must pay the Respondent's costs from 14 August 2017.

Parties
First Applicant: Pravin Laljichudasama; Second Applicant: Silvia Laljichudasama; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
14 December 2017
Procedural Posture
Class 1 Merit Appeal / Application for Leave to Discontinue; Costs Determination
Outcome
Leave granted to discontinue; Applicants to pay Respondent's costs from 14 August 2017.
Legal Topics
Discontinuance, Costs, Merit Appeals, Building Certificates
Practice and Procedure Planning and Environment Discontinuance Costs Merit Appeals Building Certificates

Case Brief

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Parties

Pravin Laljichudasama

First Applicant

Silvia Laljichudasama

Second Applicant

Blacktown City Council

Respondent

Procedural Posture

Class 1 Merit Appeal / Application for Leave to Discontinue; Costs Determination

Legal Issues

  1. 1 Whether leave should be granted to discontinue proceedings
  2. 2 Whether it is fair and reasonable to award costs against the Applicants
  3. 3 Whether the Applicants acted unreasonably in conducting the proceedings

Ratio Decidendi

The Applicants acted unreasonably in the conduct of proceedings and continued the claim after 14 August 2017 when there were no reasonable prospects of success, putting the Respondent to unnecessary costs; therefore, leave to discontinue is granted and the Applicants must pay the Respondent's costs from 14 August 2017.

Court Disposition

Leave granted to discontinue; Applicants to pay Respondent's costs from 14 August 2017.

Orders

  • The Applicants are granted leave to discontinue the proceedings.
  • The Applicants are to pay the Respondent's costs of the proceedings from 14 August 2017, as agreed or assessed.