Bennett v Leichhardt Municipal Council [2008] NSWLEC 1359

Bennett v Leichhardt Municipal Council [2008] NSWLEC 1359

Each party is to bear its own costs of the principal proceeding due to the circumstances of discontinuance, and the applicant is to pay the respondent's costs of the notice of motion since the applicant's application failed.

Source-derived case information.

Parties
Applicant: Craig Bennett; Respondent: Leichhardt Municipal Council
Jurisdiction
Australia
Judgment Date
10 September 2008
Procedural Posture
Class 4 Judicial Review/costs Application / Costs Decision After Discontinuance
Outcome
Applicant's notice of motion dismissed; each party to bear its own costs of the proceedings except the applicant must pay the respondent's costs of the notice of motion.
Legal Topics
Costs, Development Consent, Discontinuance
Environmental Law Civil Procedure Costs Development Consent Discontinuance

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Parties

Craig Bennett

Applicant

Leichhardt Municipal Council

Respondent

Procedural Posture

Class 4 Judicial Review/costs Application / Costs Decision After Discontinuance

Legal Issues

  1. 1 Whether the applicant or respondent should bear costs following discontinuance of Class 4 proceedings regarding development consent.

Ratio Decidendi

Each party is to bear its own costs of the principal proceeding due to the circumstances of discontinuance, and the applicant is to pay the respondent's costs of the notice of motion since the applicant's application failed.

Court Disposition

Applicant's notice of motion dismissed; each party to bear its own costs of the proceedings except the applicant must pay the respondent's costs of the notice of motion.

Orders

  • The applicant's notice of motion dated 16 July 2008 is dismissed.
  • The applicant is to pay the respondent's costs and disbursements of this notice of motion as agreed or assessed.