Calardu Warrawong (Homestarters) Pty Limited v Wollongong City Council and Others (No.2) [2010] NSWLEC 26

Calardu Warrawong (Homestarters) Pty Limited v Wollongong City Council and Others (No.2) [2010] NSWLEC 26

Given the applicant's only partial success, late concessions, absence of clear disentitling conduct wholly on one side, and failure to achieve more than what was ultimately conceded pretrial, the fair, just, and reasonable outcome is that each party bears its own costs of the substantive proceedings. The applicant's motion for costs is dismissed and it is ordered to pay the respondents' costs of that motion.

Jurisdiction
Australia
Judgment Date
25 February 2010
Procedural Posture
Class 4 Proceedings (judicial Review) / Costs Judgment Following Substantive Judgment
Outcome
The applicant's motion for costs is dismissed. Each party is to pay its own costs of the substantive proceedings. The applicant is ordered to pay the costs of all respondents in relation to the costs Notice of Motion.
Legal Topics
['costs in Judicial Review' 'land Use Consent Challenge' 'exercise of Costs Discretion' 'settlement Offers and Conduct' 'carparking Requirements' 'declaratory and Restraining Relief']
['environmental Law' 'administrative Law' 'civil Procedure'] ['costs in Judicial Review' 'land Use Consent Challenge' 'exercise of Costs Discretion' 'settlement Offers and Conduct' 'carparking Requirements' 'declaratory and Restraining Relief']

Case Brief

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Procedural Posture

Class 4 Proceedings (judicial Review) / Costs Judgment Following Substantive Judgment

Legal Issues

  1. 1 ['Whether the applicant is entitled to costs given partial success and late concession by respondents' 'Effect of commencing proceedings without notice and subsequent party conduct' "Correct identification of 'the event' for purposes of costs in Class 4 litigation"]

Ratio Decidendi

Given the applicant's only partial success, late concessions, absence of clear disentitling conduct wholly on one side, and failure to achieve more than what was ultimately conceded pretrial, the fair, just, and reasonable outcome is that each party bears its own costs of the substantive proceedings. The applicant's motion for costs is dismissed and it is ordered to pay the respondents' costs of that motion.

Court Disposition

The applicant's motion for costs is dismissed. Each party is to pay its own costs of the substantive proceedings. The applicant is ordered to pay the costs of all respondents in relation to the costs Notice of Motion.

Orders

  • ["The applicant's Notice of Motion dated 19 October 2009 is dismissed." 'The parties are each ordered to pay their own costs of the substantive proceedings.' 'The applicant is ordered to pay the costs of all respondents in respect of the costs Notice of Motion.' 'Exhibit M1 and Exhibit M2 are returned.']