Hassib Najjar v Hornsby Shire Council (No. 2) [2004] NSWLEC 314

Hassib Najjar v Hornsby Shire Council (No. 2) [2004] NSWLEC 314

It was fair and reasonable to make a costs order in favour of the council because the applicant failed to provide necessary termite protection documentation for the Occupation Certificate despite being told what was required and having a reasonable time to comply, and because his conduct after the On Site Hearing...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 June 2004
Procedural Posture
Class 1 Development Application Appeal Concerning Refusal to Issue an Occupation Certificate and Consent to Alterations and Additions; Costs Application / Costs Application After on Site Hearing and Mentions, With Proposed Costs Order Subject to Submissions to the Chief Judge
Outcome
The Commissioner was of the opinion that a costs order should be made to the council for costs incurred at the mentions on 23 March, 1 April and 7 April 2004 and for the costs hearing, with the parties given an opportunity to make submissions to the Chief Judge on concurrence.
Legal Topics
['development Application Appeal' 'occupation Certificate' 'section 96 Modification Application' 'class 1 Proceedings' 'fair and Reasonable Costs Order']
['planning and Environment' 'costs'] ['development Application Appeal' 'occupation Certificate' 'section 96 Modification Application' 'class 1 Proceedings' 'fair and Reasonable Costs Order']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Development Application Appeal Concerning Refusal to Issue an Occupation Certificate and Consent to Alterations and Additions; Costs Application / Costs Application After on Site Hearing and Mentions, With Proposed Costs Order Subject to Submissions to the Chief Judge

Legal Issues

  1. 1 ["Whether it was fair and reasonable under Pt 16 of the Land and Environment Court Rules to order the applicant to pay the council's costs in relation to the Occupation Certificate issue." "Whether it was fair and reasonable to order costs for the council's costs incurred after the On Site Hearing in relation to the s 96 modification application." 'Whether costs should be awarded for the costs hearing.']

Ratio Decidendi

It was fair and reasonable to make a costs order in favour of the council because the applicant failed to provide necessary termite protection documentation for the Occupation Certificate despite being told what was required and having a reasonable time to comply, and because his conduct after the On Site Hearing unnecessarily prolonged the s 96 modification application by resisting and rearguing matters already determined and producing irrelevant plans. Costs for 4 March 2004 were not fair or reasonable because the adjournment and publication of findings were directed to ensuring the self-represented applicant understood the Court's findings.

Court Disposition

The Commissioner was of the opinion that a costs order should be made to the council for costs incurred at the mentions on 23 March, 1 April and 7 April 2004 and for the costs hearing, with the parties given an opportunity to make submissions to the Chief Judge on concurrence.

Orders

  • ['Costs proposed in favour of Hornsby Shire Council for the costs incurred at the mentions on 23 March, 1 April and 7 April 2004.' 'Costs proposed in favour of Hornsby Shire Council for the costs associated with the costs hearing.' 'No costs awarded for 4 March 2004.' 'Parties given the opportunity to make...