Greater Taree City Council v Yarnold & Anor [1999] NSWLEC 110

Greater Taree City Council v Yarnold & Anor [1999] NSWLEC 110

The council, as the successful party having acted reasonably and with forbearance in enforcing compliance with the building approval, is entitled to an order for costs. The respondents' oversight caused the dispute, and no exceptional circumstances justify depriving the council of its costs.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 April 1999
Procedural Posture
Class 4 Application / Costs Decision Following Consent Orders and Removal of Building
Outcome
Respondents to pay the applicant's costs.
Legal Topics
['development Consent Conditions' 'building Approval' 'costs' 'statutory Obligations' 'demolition or Removal of Dwellings']
['environmental Law' 'local Government Law'] ['development Consent Conditions' 'building Approval' 'costs' 'statutory Obligations' 'demolition or Removal of Dwellings']

Source-derived case record

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 Application / Costs Decision Following Consent Orders and Removal of Building

Legal Issues

  1. 1 ["Whether the respondents should pay the applicant's costs in proceedings relating to enforcement of building approval conditions requiring removal of an existing dwelling"]

Ratio Decidendi

The council, as the successful party having acted reasonably and with forbearance in enforcing compliance with the building approval, is entitled to an order for costs. The respondents' oversight caused the dispute, and no exceptional circumstances justify depriving the council of its costs.

Court Disposition

Respondents to pay the applicant's costs.

Orders

  • ['The respondents pay the costs of the applicant in relation to the proceedings including the hearing on the question of costs.' 'The exhibits may be returned.']