Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council (No 3) [2023] NSWLEC 104

Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council (No 3) [2023] NSWLEC 104

Filetron is entitled to recover 80 per cent of its costs of the primary proceedings, apportioned 75 per cent against Innovate and 25 per cent against Council, based on having succeeded on the main issue but failed on a severable ground, with Council’s limited participation leading to reduced liability. Each party bears its own costs of the notice of motion due to the circumstances surrounding the s 25C application.

Jurisdiction
Australia
Judgment Date
16 October 2023
Procedural Posture
Class 4 Judicial Review Proceedings / Post Final Orders; Determination of Costs
Outcome
Costs partly awarded; apportioned between respondents; each party bears own costs on motion.
Legal Topics
['costs' 'development Consent Validity' 'exercise of Discretion Under S 25 B and S 25 C Land and Environment Court Act']
['administrative Law' 'planning Law'] ['costs' 'development Consent Validity' 'exercise of Discretion Under S 25 B and S 25 C Land and Environment Court Act']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 Judicial Review Proceedings / Post Final Orders; Determination of Costs

Legal Issues

  1. 1 ['Should costs be awarded in favour of Filetron following its partial success in challenging the development consent?' 'Should costs be apportioned between issues and parties given limited success and participation?' 'Should costs follow the event of the s 25B and s 25C orders or the finding of invalidity?']

Ratio Decidendi

Filetron is entitled to recover 80 per cent of its costs of the primary proceedings, apportioned 75 per cent against Innovate and 25 per cent against Council, based on having succeeded on the main issue but failed on a severable ground, with Council’s limited participation leading to reduced liability. Each party bears its own costs of the notice of motion due to the circumstances surrounding the s 25C application.

Court Disposition

Costs partly awarded; apportioned between respondents; each party bears own costs on motion.

Orders

  • ['Filetron Pty Ltd is entitled to recover 80 per cent of its costs of the primary proceedings, 75 per cent against Innovate Partners Pty Ltd atf Banton Family Trust 2, 25 per cent against Goulburn Mulwaree Council.' 'Each party to bear their own costs of the notice of motion.']