DEXUS Funds Management Limited v Blacktown City Council (No 4) [2012] NSWLEC 60

DEXUS Funds Management Limited v Blacktown City Council (No 4) [2012] NSWLEC 60

The Applicant is entitled to 80 per cent of its costs against the Second Respondent, reflecting overall success and conduct of both parties, including the timing of raising the right of way issue and incurring of unnecessary costs on other issues; the agreement of the Council to pay 45 per cent of the Second Respondent's costs also informed the decision.

Jurisdiction
Australia
Judgment Date
23 March 2012
Procedural Posture
Class 4 Proceedings / Costs Determination Following Substantive Judgment
Outcome
Costs order granted in favour of the Applicant at 80 per cent against the Second Respondent, and costs of the costs hearing also payable by the Second Respondent.
Legal Topics
['costs' 'development Consent' 'right of Way' 'submission of Appearance' 'declaratory Proceedings']
['civil Procedure' 'planning and Environment Law'] ['costs' 'development Consent' 'right of Way' 'submission of Appearance' 'declaratory Proceedings']

Case Brief

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Procedural Posture

Class 4 Proceedings / Costs Determination Following Substantive Judgment

Legal Issues

  1. 1 ['Whether the Applicant is entitled to all or part of its costs against the Second Respondent after success in substantive Class 4 proceedings' "Whether the Applicant's conduct or timing in raising the right of way (ROW) issue affects its entitlement to costs" "The appropriate apportionment of costs given the Respondents' submitting appearances"]

Ratio Decidendi

The Applicant is entitled to 80 per cent of its costs against the Second Respondent, reflecting overall success and conduct of both parties, including the timing of raising the right of way issue and incurring of unnecessary costs on other issues; the agreement of the Council to pay 45 per cent of the Second Respondent's costs also informed the decision.

Court Disposition

Costs order granted in favour of the Applicant at 80 per cent against the Second Respondent, and costs of the costs hearing also payable by the Second Respondent.

Orders

  • ["The Second Respondent is to pay 80 per cent of the Applicant's costs of the substantive proceedings as agreed or assessed apart from the costs the subject of the order of Craig J made on 1 September 2011." 'The Second Respondent is to pay the costs of the costs hearing as agreed or assessed.']