Application of Willoughby City Council (as manager of the Talus Reserve Trust) & anor [2016] NSWSC 1935

Application of Willoughby City Council (as manager of the Talus Reserve Trust) & anor [2016] NSWSC 1935

The error in the affidavit evidence was immaterial to the basis on which the costs order was made; therefore, there was no basis to re-open or vary the order of 3 February 2016.

Parties
First Plaintiff: Willoughby City Council (as manager of the Talus Reserve Trust); Second Plaintiff: Talus Street Reserve Trust; First Intervener: Minister for Crown Lands; Second Interveners: Jaques Morschel Owens, Michael Scott Berneschi, Harriet Ingrid Owens, Madeleine Rose Owens & Desley Jane Creedy; Applicant: Cr John Hooper
Jurisdiction
Australia
Judgment Date
05 December 2016
Procedural Posture
Application to Set Aside Interlocutory Costs Order / Decision on Application
Outcome
Application to set aside interlocutory costs order refused.
Legal Topics
Interlocutory Costs Order, Application to Set Aside Costs Order
Costs Interlocutory Costs Order Application to Set Aside Costs Order

Case Brief

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Parties

Willoughby City Council (as manager of the Talus Reserve Trust)

First Plaintiff

Talus Street Reserve Trust

Second Plaintiff

Minister for Crown Lands

First Intervener

Jaques Morschel Owens, Michael Scott Berneschi, Harriet Ingrid Owens, Madeleine Rose Owens & Desley Jane Creedy

Second Interveners

Cr John Hooper

Applicant

Procedural Posture

Application to Set Aside Interlocutory Costs Order / Decision on Application

Legal Issues

  1. 1 Whether the interlocutory costs order against Cr Hooper should be set aside due to erroneous affidavit evidence

Ratio Decidendi

The error in the affidavit evidence was immaterial to the basis on which the costs order was made; therefore, there was no basis to re-open or vary the order of 3 February 2016.

Court Disposition

Application to set aside interlocutory costs order refused.

Orders

  • No basis demonstrated to re-open or vary the order of 3 February 2016; order will stand.