HOLROYD CITY COUNCIL v. JOHN SAHYOUN No. 40177 of 1995 [1995] NSWLEC 9 (2 February 1995) [1995] NSWLEC 1

HOLROYD CITY COUNCIL v. JOHN SAHYOUN No. 40177 of 1995 [1995] NSWLEC 9 (2 February 1995) [1995] NSWLEC 1

Because the Council was entirely successful in obtaining interlocutory mandatory relief and accepting undertakings that effectively concluded the permanent relief claim, the Respondents should pay the Council's costs of the proceedings. However, the Council unnecessarily incurred the costs of restoring the matter on 11 and 16 October 1995, and it would be unfair to impose costs for the 31 October 1995 callover where the Respondents may not have been notified; therefore those costs were excluded and no order was made for those appearances.

Jurisdiction
Australia
Judgment Date
02 February 1995
Procedural Posture
Class 4 Proceedings Claiming Interlocutory and Permanent Injunctions / Determination of Outstanding Costs Issues After the Applicant Accepted the Respondents' Undertakings in Lieu of Permanent Prohibitory Injunction and Had Obtained a Mandatory Order
Outcome
Application dismissed by consent on the Respondents' undertakings; Respondents ordered to pay the Applicant's costs except specified excluded costs; no order as to costs for the 1 February 1996 hearing.
Legal Topics
['class 4 Proceedings' 'interlocutory Injunctions' 'permanent Injunctions' 'mandatory Orders' 'undertakings' 'costs' 'unnecessarily Incurred Costs']
['land and Environment' 'civil Procedure'] ['class 4 Proceedings' 'interlocutory Injunctions' 'permanent Injunctions' 'mandatory Orders' 'undertakings' 'costs' 'unnecessarily Incurred Costs']

Case Brief

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Procedural Posture

Class 4 Proceedings Claiming Interlocutory and Permanent Injunctions / Determination of Outstanding Costs Issues After the Applicant Accepted the Respondents' Undertakings in Lieu of Permanent Prohibitory Injunction and Had Obtained a Mandatory Order

Legal Issues

  1. 1 ['Whether the Applicant, as the successful litigant, should receive its costs of the proceedings.' 'Whether costs incurred in connection with appearances on 11, 16 and 31 October 1995 were unnecessarily incurred or should otherwise be excluded.' 'Whether earlier costs orders should be vacated and replaced by an overall costs order.']

Ratio Decidendi

Because the Council was entirely successful in obtaining interlocutory mandatory relief and accepting undertakings that effectively concluded the permanent relief claim, the Respondents should pay the Council's costs of the proceedings. However, the Council unnecessarily incurred the costs of restoring the matter on 11 and 16 October 1995, and it would be unfair to impose costs for the 31 October 1995 callover where the Respondents may not have been notified; therefore those costs were excluded and no order was made for those appearances.

Court Disposition

Application dismissed by consent on the Respondents' undertakings; Respondents ordered to pay the Applicant's costs except specified excluded costs; no order as to costs for the 1 February 1996 hearing.

Orders

  • ["On the Respondents' undertakings given to the Court on 7 November 1995 the application is, by consent, dismissed." 'Vacate the costs orders made by the Court on 4 October 1995 and 5 December 1995 respectively.' "The Respondents to pay the Applicant's costs of the proceedings except for costs incurred in connection...