F & D Bonaccorso Pty Ltd v City of Canada Bay Council (No 5) [2008] NSWLEC 235

F & D Bonaccorso Pty Ltd v City of Canada Bay Council (No 5) [2008] NSWLEC 235

Council is ordered to pay the applicant's costs prior to 1 September 2006, excluding interlocutory injunction costs against the developer, and 60 percent of applicant's costs from and including 1 September 2006, reflecting success and failure on separable issues and rejecting public interest justification for depriving council of costs relating to the indefeasibility issue.

Jurisdiction
Australia
Judgment Date
27 August 2008
Procedural Posture
Class 4 Proceedings / Costs Redetermination on Remission From Court of Appeal
Outcome
Costs order partially in favour of applicant, with apportionment.
Legal Topics
['apportionment of Costs' 'public Interest Litigation' 'costs Discretion' 'indefeasibility of Title' 'community Land']
['planning and Environment Law' 'civil Procedure'] ['apportionment of Costs' 'public Interest Litigation' 'costs Discretion' 'indefeasibility of Title' 'community Land']

Case Brief

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Procedural Posture

Class 4 Proceedings / Costs Redetermination on Remission From Court of Appeal

Legal Issues

  1. 1 ['How costs should be apportioned where the successful applicant fails on a separable issue' 'Whether public interest and novelty justify denying the successful respondent costs on a separable issue']

Ratio Decidendi

Council is ordered to pay the applicant's costs prior to 1 September 2006, excluding interlocutory injunction costs against the developer, and 60 percent of applicant's costs from and including 1 September 2006, reflecting success and failure on separable issues and rejecting public interest justification for depriving council of costs relating to the indefeasibility issue.

Court Disposition

Costs order partially in favour of applicant, with apportionment.

Orders

  • ['Order 1 made on 6 September 2007 is set aside.' "First respondent to pay applicant's costs prior to 1 September 2006, excluding costs relating to interlocutory injunction." "First respondent to pay 60 percent of applicant's costs from and including 1 September 2006." 'Order 7 made on 5 October 2007 in F & D...