David Goode v Gwydir Shire Council (No 2) [2020] NSWLEC 118

David Goode v Gwydir Shire Council (No 2) [2020] NSWLEC 118

Costs should follow the event because the Council successfully defended the judicial review proceedings and Mr Goode did not demonstrate a basis for departing from the usual costs rule. The proceedings were debateable as public interest litigation, did not contribute 'something more' such as a novel issue of general importance or a material development of the law, and the grounds advanced were unsuccessful and largely directed to merits matters rather than judicial review error. Mr Goode's lack of pecuniary interest and limited financial resources did not justify denying the Council a costs order.

Jurisdiction
Australia
Judgment Date
20 August 2020
Procedural Posture
Class 4 Judicial Review Proceedings; Costs Application / Costs Determination After the Amended Summons Was Dismissed and Costs Were Reserved
Outcome
The applicant was ordered to pay the respondent's costs in the proceedings as agreed or assessed.
Legal Topics
['costs' 'public Interest Litigation' 'judicial Review of Development Consent' 'designated Development' 'costs Follow the Event']
['environmental Planning Law' 'administrative Law' 'civil Procedure'] ['costs' 'public Interest Litigation' 'judicial Review of Development Consent' 'designated Development' 'costs Follow the Event']

Case Brief

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Procedural Posture

Class 4 Judicial Review Proceedings; Costs Application / Costs Determination After the Amended Summons Was Dismissed and Costs Were Reserved

Legal Issues

  1. 1 ["Whether the unsuccessful applicant should pay the respondent council's costs of the Class 4 judicial review proceedings." 'Whether the proceedings were brought in the public interest for the purposes of Land and Environment Court Rules 2007 (NSW) r 4.2.' 'Whether there was something more than a public interest characterisation, or any countervailing circumstances, warranting departure from the general rule that costs follow the event.' "Whether the applicant's financial position justified denying the successful respondent a costs order."]

Ratio Decidendi

Costs should follow the event because the Council successfully defended the judicial review proceedings and Mr Goode did not demonstrate a basis for departing from the usual costs rule. The proceedings were debateable as public interest litigation, did not contribute 'something more' such as a novel issue of general importance or a material development of the law, and the grounds advanced were unsuccessful and largely directed to merits matters rather than judicial review error. Mr Goode's lack of pecuniary interest and limited financial resources did not justify denying the Council a costs order.

Court Disposition

The applicant was ordered to pay the respondent's costs in the proceedings as agreed or assessed.

Orders

  • ["The Applicant is to pay the Respondent's costs in these proceedings as agreed or assessed."]