Byron Shire Council v Archibald [2003] NSWLEC 48

Byron Shire Council v Archibald [2003] NSWLEC 48

The applicant is entitled to its costs up to and including 13 December 2001 as it succeeded in obtaining declarations in the judgment; for costs incurred after that date due to consent negotiations, each party bears their own costs except the respondent is to pay the council’s costs of court appearances.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 August 2002
Procedural Posture
Civil / Costs After Settlement by Consent Orders
Outcome
Costs order in favour of council up to 13 December 2001; each party to bear own costs after except respondent pays council’s court appearance costs
Legal Topics
['costs' 'quarry Operations' 'existing Use Rights']
['environmental Law' 'local Government Law'] ['costs' 'quarry Operations' 'existing Use Rights']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Civil / Costs After Settlement by Consent Orders

Legal Issues

  1. 1 ['Whether a costs order should be made when proceedings are settled following negotiated agreement' 'Whether council is entitled to costs up to judgment on 13 December 2001 and for subsequent period']

Ratio Decidendi

The applicant is entitled to its costs up to and including 13 December 2001 as it succeeded in obtaining declarations in the judgment; for costs incurred after that date due to consent negotiations, each party bears their own costs except the respondent is to pay the council’s costs of court appearances.

Court Disposition

Costs order in favour of council up to 13 December 2001; each party to bear own costs after except respondent pays council’s court appearance costs

Orders

  • ['The respondent pay the costs of the proceedings up to and including 13 December 2001.' "As to costs incurred from 14 December 2001 to date, each party is to pay their own costs with the exception of the costs incurred by council in respect of court appearances during that period. The costs relating to the...