Balcombe & Anor -V- Nambucca S.C. & Ors [1999] NSWLEC 57

Balcombe & Anor -V- Nambucca S.C. & Ors [1999] NSWLEC 57

There was no good reason to depart from the usual order that costs follow the event, except in respect of the application pursuant to Pt 10 r 7, for which each party should bear their own costs.

Jurisdiction
Australia
Judgment Date
17 March 1999
Procedural Posture
Class 4 / Costs Decision Post Judgment
Outcome
Applicants ordered to pay first respondent's costs except in respect of the application under Pt 10 r 7. Each party to bear own costs for that application.
Legal Topics
['costs' 'development Consent' 'rezoning' 'judicial Discretion']
['planning Law'] ['costs' 'development Consent' 'rezoning' 'judicial Discretion']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 / Costs Decision Post Judgment

Legal Issues

  1. 1 ['Whether the usual rule as to costs should apply in the circumstances' 'Whether any facts warrant a departure from the standard costs order against the unsuccessful party']

Ratio Decidendi

There was no good reason to depart from the usual order that costs follow the event, except in respect of the application pursuant to Pt 10 r 7, for which each party should bear their own costs.

Court Disposition

Applicants ordered to pay first respondent's costs except in respect of the application under Pt 10 r 7. Each party to bear own costs for that application.

Orders

  • ['Applicants to pay costs of first respondent, except in respect of the application under Pt 10 r 7 of the Land and Environment Court Rules, such costs to be agreed or as assessed.']