Castle Constructions Pty Limited v Director-General of the Department of Planning & Anor (No 2) [2008] NSWLEC 162

Castle Constructions Pty Limited v Director-General of the Department of Planning & Anor (No 2) [2008] NSWLEC 162

Applicant sought substantive relief against Council, making it a proper party entitled to participate actively; ordinary principle of costs applies so applicant should pay Council's costs, excluding unnecessary affidavit costs.

Parties
Applicant: Castle Constructions Pty Limited; First Respondent: Director-General of the Department of Planning; Second Respondent: North Sydney Council
Jurisdiction
Australia
Judgment Date
28 April 2008
Procedural Posture
Class 4 Application / Costs Determination Following Dismissal of Substantive Proceedings
Outcome
Costs order in favour of second respondent (Council); applicant ordered to pay Council's costs of proceedings, excluding affidavit costs.
Legal Topics
Costs, Proper Parties in Proceedings, Court Procedure
Planning and Environment Costs Proper Parties in Proceedings Court Procedure

Case Brief

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Parties

Castle Constructions Pty Limited

Applicant

Director-General of the Department of Planning

First Respondent

North Sydney Council

Second Respondent

Procedural Posture

Class 4 Application / Costs Determination Following Dismissal of Substantive Proceedings

Legal Issues

  1. 1 Whether unsuccessful applicant should pay costs of both respondents
  2. 2 Whether Council was a proper contradictor
  3. 3 Reasonableness of the Council's active role in proceedings

Ratio Decidendi

Applicant sought substantive relief against Council, making it a proper party entitled to participate actively; ordinary principle of costs applies so applicant should pay Council's costs, excluding unnecessary affidavit costs.

Court Disposition

Costs order in favour of second respondent (Council); applicant ordered to pay Council's costs of proceedings, excluding affidavit costs.

Orders

  • Applicant to pay second respondent's costs as agreed or assessed, excluding costs of preparation of the affidavit of Mark Jaku sworn 28 April 2008.
  • Applicant to pay first respondent's costs as agreed in the sum of $20,000.