Noun v Sutherland Shire Council (No 2) [2012] NSWLEC 39

Noun v Sutherland Shire Council (No 2) [2012] NSWLEC 39

The Court held it was fair and reasonable for the Council to pay the Applicant's costs of the hearing on 7 April 2011 as the Council introduced the fender piles issue late and failed to comply with Class 1 Practice Directions, causing extra expense. The Applicant was also awarded her costs of the Notice of Motion,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 March 2012
Procedural Posture
Class 1 Appeal / Costs Determination Following Merits Appeal
Outcome
Costs partly awarded to Applicant
Legal Topics
['costs' 'merits Appeal' 'practice Directions' 'development Consent Conditions']
['administrative Law' 'planning Law'] ['costs' 'merits Appeal' 'practice Directions' 'development Consent Conditions']

Source-derived case record

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Procedural Posture

Class 1 Appeal / Costs Determination Following Merits Appeal

Legal Issues

  1. 1 ['Whether it is fair and reasonable in a merits appeal under Land and Environment Court Act 1979 s 97 to award costs incurred due to a contention introduced late by the Council not in accordance with Class 1 practice directions' 'Exercise of discretion to award partial costs in circumstances of late issue']

Ratio Decidendi

The Court held it was fair and reasonable for the Council to pay the Applicant's costs of the hearing on 7 April 2011 as the Council introduced the fender piles issue late and failed to comply with Class 1 Practice Directions, causing extra expense. The Applicant was also awarded her costs of the Notice of Motion, but not all costs of meeting the issue, as the issue was properly raised and the Council's actions were not fully unreasonable.

Court Disposition

Costs partly awarded to Applicant

Orders

  • ["The Council is to pay the Applicant's costs of the hearing on 7 April 2011 as agreed or assessed." "The Council is to pay the Applicant's costs of the Applicant's Notice of Motion filed 11 November 2011 as agreed or assessed."]