Ervin Mahrer and Partners v Strathfield Council [2002] NSWLEC 97

Ervin Mahrer and Partners v Strathfield Council [2002] NSWLEC 97

Council's claim for costs thrown away was not established as evidence did not show costs were wasted or thrown away; work on original plans was used in preparation for Series B amendment plans and thus not wasted; applicant's conduct was expressly authorised and compensated per Court orders and did not constitute 'exceptional circumstances'; slip rule permitted consideration of the costs motion but claim substantively failed.

Jurisdiction
Australia
Judgment Date
24 June 2002
Procedural Posture
Class 1 Proceedings (planning Appeal) / Post Judgment Motion for Costs After Final Orders
Outcome
Council's Notice of Motion is dismissed; Council must pay Applicant's costs on the Motion.
Legal Topics
['costs in Planning Appeals' 'slip Rule' 'perfected Orders' 'exceptional Circumstances for Costs']
['planning and Environment Law' 'civil Procedure'] ['costs in Planning Appeals' 'slip Rule' 'perfected Orders' 'exceptional Circumstances for Costs']

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Procedural Posture

Class 1 Proceedings (planning Appeal) / Post Judgment Motion for Costs After Final Orders

Legal Issues

  1. 1 ['Whether the Court can entertain a costs application after final orders' 'Application of slip rule to costs orders' "Whether 'exceptional circumstances' exist to depart from Court practice of not awarding costs in planning appeals"]

Ratio Decidendi

Council's claim for costs thrown away was not established as evidence did not show costs were wasted or thrown away; work on original plans was used in preparation for Series B amendment plans and thus not wasted; applicant's conduct was expressly authorised and compensated per Court orders and did not constitute 'exceptional circumstances'; slip rule permitted consideration of the costs motion but claim substantively failed.

Court Disposition

Council's Notice of Motion is dismissed; Council must pay Applicant's costs on the Motion.

Orders

  • ["Council's Notice of Motion is dismissed." "Council pay the Applicant's costs on the Motion in the sum agreed, and or failing agreement, as assessed." 'Exhibits be returned.']