Newcastle City Council v Paul Wieland [2009] NSWCA 113

Newcastle City Council v Paul Wieland [2009] NSWCA 113

The expression 'costs of the proceedings' in the consent orders is to be construed as including the costs of mediation, as mediation ordered under Pt 4 of the Civil Procedure Act 2005 is a part of the proceedings and, in the absence of an agreement or order to the contrary, those costs are payable.

Parties
First Appellant: Newcastle City Council; Second Appellant: HP Planning Services Pty Ltd; First Respondent: Paul Wieland; Second Respondent: Janine Wieland
Jurisdiction
Australia
Judgment Date
19 May 2009
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
appeal dismissed with costs
Legal Topics
Costs of Proceedings, Costs of Mediation, Construction of Consent Orders, Civil Procedure Act 2005 S 28
Procedure Costs Costs of Proceedings Costs of Mediation Construction of Consent Orders Civil Procedure Act 2005 S 28

Case Brief

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Parties

Newcastle City Council

First Appellant

HP Planning Services Pty Ltd

Second Appellant

Paul Wieland

First Respondent

Janine Wieland

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether 'costs of the proceedings' includes the costs of mediation ordered under the Civil Procedure Act 2005

Ratio Decidendi

The expression 'costs of the proceedings' in the consent orders is to be construed as including the costs of mediation, as mediation ordered under Pt 4 of the Civil Procedure Act 2005 is a part of the proceedings and, in the absence of an agreement or order to the contrary, those costs are payable.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.