Central Coast Council v 40 Gindurra Road Somersby Pty Ltd (No 3) [2020] NSWLEC 25

Central Coast Council v 40 Gindurra Road Somersby Pty Ltd (No 3) [2020] NSWLEC 25

The Council was the generally successful party and its delay in commencing proceedings did not amount to disentitling conduct when the proceedings were considered as a whole, so Gindurra was liable for the Council's costs. The certifier was not liable for costs before filing his submitting appearance because the amended summons did not amend the costs prayer to claim costs from him and the first claim for costs against him was made only after the substantive hearing. The certifier was also not liable for costs after the submitting appearance because Gindurra acted as contradictor and was ordered to pay the Council's costs, so the Council would be appropriately compensated without an...

Jurisdiction
Australia
Judgment Date
07 April 2020
Procedural Posture
Class 4 Judicial Review and Civil Enforcement Proceedings / Costs Judgment After Substantive Declarations and Final Orders
Outcome
The First Respondent was ordered to pay the Applicant's costs of the proceedings; no costs order was made against the Second Respondent.
Legal Topics
['costs Following the Event' 'submitting Appearance' 'judicial Review of Complying Development Certificates' 'civil Enforcement Proceedings' 'model Litigant Obligations' 'apportionment of Costs Between Respondents']
['costs' 'civil Procedure' 'environmental Planning and Assessment' 'local Government'] ['costs Following the Event' 'submitting Appearance' 'judicial Review of Complying Development Certificates' 'civil Enforcement Proceedings' 'model Litigant Obligations' 'apportionment of Costs Between Respondents']

Case Brief

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Procedural Posture

Class 4 Judicial Review and Civil Enforcement Proceedings / Costs Judgment After Substantive Declarations and Final Orders

Legal Issues

  1. 1 ['Whether the successful applicant Council should recover its costs from Gindurra despite delay in commencing proceedings and not obtaining all relief sought.' "Whether the certifier should be liable for the Council's costs where the amended summons did not amend the costs prayer to claim costs from him." "Whether the certifier's submitting appearance prevented an order for costs against him after 9 July 2019 where Gindurra actively defended the proceedings as contradictor."]

Ratio Decidendi

The Council was the generally successful party and its delay in commencing proceedings did not amount to disentitling conduct when the proceedings were considered as a whole, so Gindurra was liable for the Council's costs. The certifier was not liable for costs before filing his submitting appearance because the amended summons did not amend the costs prayer to claim costs from him and the first claim for costs against him was made only after the substantive hearing. The certifier was also not liable for costs after the submitting appearance because Gindurra acted as contradictor and was ordered to pay the Council's costs, so the Council would be appropriately compensated without an...

Court Disposition

The First Respondent was ordered to pay the Applicant's costs of the proceedings; no costs order was made against the Second Respondent.

Orders

  • ["The First Respondent is to pay the Applicant's costs of the proceedings." 'Exhibits to be returned.']