Donald Crone & Associates v Bathurst City Council & Ors [1988] NSWLEC 37

Donald Crone & Associates v Bathurst City Council & Ors [1988] NSWLEC 37

The Court was not functus officio because it had not previously considered costs and, under s.69 of the Land and Environment Court Act, retained discretion to make a costs order after conclusion of the proceedings. Exceptional circumstances existed because Woolworths was wholly unsuccessful, its intervention protracted the hearing, and its contribution to the planning merit issues was insignificant, so Woolworths Limited and Kenlida Pty. Limited were ordered to pay the Developer's costs.

Jurisdiction
Australia
Judgment Date
01 December 1988
Procedural Posture
Class 1 Proceedings Concerning Development Consent / Post Judgment Application for Costs
Outcome
Application for costs granted against Woolworths Limited and Kenlida Pty. Limited; no order for costs as between Bathurst City Council and Woolworths Limited and Kenlida Pty. Limited.
Legal Topics
['costs in Land and Environment Court Proceedings' 'development Consent' 'functus Officio' 'exceptional Circumstances for Costs Orders']
['planning and Environment Law' 'civil Procedure'] ['costs in Land and Environment Court Proceedings' 'development Consent' 'functus Officio' 'exceptional Circumstances for Costs Orders']

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Procedural Posture

Class 1 Proceedings Concerning Development Consent / Post Judgment Application for Costs

Legal Issues

  1. 1 ['Whether the Court had jurisdiction to make a costs order after granting development consent subject to conditions and not making a costs order at that time.' "Whether exceptional circumstances justified ordering Woolworths Limited and Kenlida Pty. Limited to pay the Developer's costs in Class 1 proceedings."]

Ratio Decidendi

The Court was not functus officio because it had not previously considered costs and, under s.69 of the Land and Environment Court Act, retained discretion to make a costs order after conclusion of the proceedings. Exceptional circumstances existed because Woolworths was wholly unsuccessful, its intervention protracted the hearing, and its contribution to the planning merit issues was insignificant, so Woolworths Limited and Kenlida Pty. Limited were ordered to pay the Developer's costs.

Court Disposition

Application for costs granted against Woolworths Limited and Kenlida Pty. Limited; no order for costs as between Bathurst City Council and Woolworths Limited and Kenlida Pty. Limited.

Orders

  • ["Woolworths Limited and Kenlida Pty. Limited pay Donald Crone & Associates' costs of the proceedings." 'As between the Council of the City of Bathurst and Woolworths Limited and Kenlida Pty. Limited, there will be no order for costs.']