Khouri v Burwood Council & Anor [2001] NSWLEC 278

Khouri v Burwood Council & Anor [2001] NSWLEC 278

Given the reasonableness of the applicant's conduct in maintaining the appeal during ongoing negotiations, and the lack of exceptional circumstances warranting a costs order, the court determined it appropriate to make no order as to costs for either notice of motion.

Jurisdiction
Australia
Judgment Date
06 December 2001
Procedural Posture
Costs Application Following Discontinuance of Class 1 Appeal / Post Discontinuance; Ruling on Costs Notices of Motion
Outcome
Both respondents' notices of motion for costs dismissed with no order as to costs.
Legal Topics
['costs' 'discontinuance' 'development Applications' 'discretion in Costs Awards']
['environmental Law' 'administrative Law'] ['costs' 'discontinuance' 'development Applications' 'discretion in Costs Awards']

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

Costs Application Following Discontinuance of Class 1 Appeal / Post Discontinuance; Ruling on Costs Notices of Motion

Legal Issues

  1. 1 ["Whether costs should be awarded to the respondents upon discontinuance of the applicant's Class 1 appeal" 'Whether the applicant acted unreasonably in continuing the appeal after amendments were rejected']

Ratio Decidendi

Given the reasonableness of the applicant's conduct in maintaining the appeal during ongoing negotiations, and the lack of exceptional circumstances warranting a costs order, the court determined it appropriate to make no order as to costs for either notice of motion.

Court Disposition

Both respondents' notices of motion for costs dismissed with no order as to costs.

Orders

  • ['The notice of motion of the first respondent be dismissed with no order as to costs.' 'The notice of motion of the second respondent be dismissed with no order as to costs.']