Davey V Tweed Shire Council and Anor. [1999] NSWLEC 281

Davey V Tweed Shire Council and Anor. [1999] NSWLEC 281

Because the Applicant discontinued proceedings without consent of the second Respondent, and the second Respondent had a legitimate interest in the land, an order for costs is justified. The Court has no power to order security for costs against a defendant under relevant statutes, rules, or inherent jurisdiction.

Jurisdiction
Australia
Judgment Date
17 December 1999
Procedural Posture
Class 4 Application / Judgment on Costs Following Discontinuance
Outcome
Costs ordered against Applicant in favour of second Respondent
Legal Topics
['costs in Discontinued Class 4 Procedures' 'security for Costs Against Defendant']
['practice and Procedure'] ['costs in Discontinued Class 4 Procedures' 'security for Costs Against Defendant']

Case Brief

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Procedural Posture

Class 4 Application / Judgment on Costs Following Discontinuance

Legal Issues

  1. 1 ['Whether the second Respondent is entitled to costs following discontinuance by the Applicant' 'Whether the Court may order security for costs against a defendant' 'Sources of power for ordering security for costs in the Land and Environment Court']

Ratio Decidendi

Because the Applicant discontinued proceedings without consent of the second Respondent, and the second Respondent had a legitimate interest in the land, an order for costs is justified. The Court has no power to order security for costs against a defendant under relevant statutes, rules, or inherent jurisdiction.

Court Disposition

Costs ordered against Applicant in favour of second Respondent

Orders

  • ["Applicant to pay second Respondent's costs of the proceedings (including costs of the application for costs) in the sum agreed or, failing agreement, as assessed."]