Diab v Cavasinni (No 4) [2022] NSWLEC 124

Diab v Cavasinni (No 4) [2022] NSWLEC 124

Applicant is entitled to 85% of her costs of and occasioned by the hearing of the separate question, including costs associated with the determination of this application, as she was primarily successful and respondents' limited success does not warrant a greater reduction; apportionment is appropriate to reflect minor issues not successful.

Jurisdiction
Australia
Judgment Date
11 October 2022
Procedural Posture
Civil Enforcement Class 4 / Application for Costs Following Determination of Separate Question
Outcome
Costs apportioned in favour of the applicant
Legal Topics
['costs Discretion' 'civil Enforcement' 'breaches of Development Consent' 'environmental Planning and Assessment Act 1979 (nsw)']
['costs' 'planning and Environment'] ['costs Discretion' 'civil Enforcement' 'breaches of Development Consent' 'environmental Planning and Assessment Act 1979 (nsw)']

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Procedural Posture

Civil Enforcement Class 4 / Application for Costs Following Determination of Separate Question

Legal Issues

  1. 1 ['Whether the applicant should be awarded costs of hearing of a separate question' 'Application of the general rule that costs follow the event in Class 4 proceedings' 'Whether costs should be apportioned given the divided success of parties']

Ratio Decidendi

Applicant is entitled to 85% of her costs of and occasioned by the hearing of the separate question, including costs associated with the determination of this application, as she was primarily successful and respondents' limited success does not warrant a greater reduction; apportionment is appropriate to reflect minor issues not successful.

Court Disposition

Costs apportioned in favour of the applicant

Orders

  • ["The respondents are to pay 85% of the applicant's costs of and occasioned by the hearing of the separate question ordered 24 December 2019 including the costs associated with the determination of this application for costs."]