DAVID JAMES BALCOMBE v. NAMBUCCA SHIRE COUNCIL [1998] NSWLEC 287 (13 November 1998) [1998] NSWLEC 61

DAVID JAMES BALCOMBE v. NAMBUCCA SHIRE COUNCIL [1998] NSWLEC 287 (13 November 1998) [1998] NSWLEC 61

The proceedings did not constitute public interest litigation; the applicants acted to constrain activity on adjoining land which affected their private interests. The second respondents are entitled to their costs on a party and party basis, including costs of and incidental to the proceedings as assessed, but not on an indemnity basis.

Jurisdiction
Australia
Judgment Date
13 November 1998
Procedural Posture
Class 4 Application / Post Judgment (costs Order)
Outcome
Applicants ordered to pay second respondents’ costs.
Legal Topics
['costs' 'public Interest Litigation' 'development Consent' 'planning Law']
['environmental Law'] ['costs' 'public Interest Litigation' 'development Consent' 'planning Law']

Case Brief

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Procedural Posture

Class 4 Application / Post Judgment (costs Order)

Legal Issues

  1. 1 ['Whether the applicants should pay the second respondents’ costs on an indemnity basis and for incidental costs under s 69 of the Land and Environment Court Act' 'Whether the proceedings constituted public interest litigation so as to justify departure from the usual costs order']

Ratio Decidendi

The proceedings did not constitute public interest litigation; the applicants acted to constrain activity on adjoining land which affected their private interests. The second respondents are entitled to their costs on a party and party basis, including costs of and incidental to the proceedings as assessed, but not on an indemnity basis.

Court Disposition

Applicants ordered to pay second respondents’ costs.

Orders

  • ["The applicants are ordered to pay the second respondents' costs of and incidental to the proceedings on a party and party basis in the sum agreed or assessed."]