Georges River Council v The Congregational Christian Church in Samoa, Parish of Sydney Incorporated [2018] NSWLEC 200

Georges River Council v The Congregational Christian Church in Samoa, Parish of Sydney Incorporated [2018] NSWLEC 200

The proceedings were rendered necessary by the conduct of the premises occupied by the Church and the failure, on the Council's case, to mitigate and rectify impacts of noise on adjoining residential properties. The Church effectively capitulated to the orders sought by the Council, and no sufficient reason was shown to depart from the ordinary position that costs follow the event. It was therefore appropriate to order the First and Second Respondents to pay the Council's costs, excluding the specified affidavit-related costs.

Jurisdiction
Australia
Judgment Date
12 December 2018
Procedural Posture
Class 4 Proceedings / Costs Application Following Consent Orders Against the First Respondent and Dismissal of Substantive Proceedings Against the Second Respondent
Outcome
The Council's costs application was granted against the First and Second Respondents, excluding costs associated with two specified affidavits and associated documents.
Legal Topics
['costs' 'offensive Noise' 'consent Orders']
['environmental Law' 'civil Procedure'] ['costs' 'offensive Noise' 'consent Orders']

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 Proceedings / Costs Application Following Consent Orders Against the First Respondent and Dismissal of Substantive Proceedings Against the Second Respondent

Legal Issues

  1. 1 ["Whether the First and Second Respondents should be ordered to pay the Council's costs of the proceedings, excluding costs associated with specified affidavits and associated documents." 'Whether there was any reason to depart from the presumption that costs follow the event.']

Ratio Decidendi

The proceedings were rendered necessary by the conduct of the premises occupied by the Church and the failure, on the Council's case, to mitigate and rectify impacts of noise on adjoining residential properties. The Church effectively capitulated to the orders sought by the Council, and no sufficient reason was shown to depart from the ordinary position that costs follow the event. It was therefore appropriate to order the First and Second Respondents to pay the Council's costs, excluding the specified affidavit-related costs.

Court Disposition

The Council's costs application was granted against the First and Second Respondents, excluding costs associated with two specified affidavits and associated documents.

Orders

  • ["The First and Second Respondents are to pay the Council's costs of these proceedings (other than the costs associated with the affidavits of Richard Haydon dated 5 July 2018 and 30 November 2018 and associated documents) as agreed or assessed."]