J A Westaway and Son Pty Ltd v Manly Council [2005] NSWLEC 565

J A Westaway and Son Pty Ltd v Manly Council [2005] NSWLEC 565

In light of the outcome of the case, including the consent orders that the appeal be allowed and the statutory order withdrawn, the Applicant successfully invoked the Court's costs discretion, and the Council was ordered to pay the Applicant's costs.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 August 2005
Procedural Posture
Class 1 Proceedings Involving an Appeal Against a Purported Statutory Enforcement Order and an Application for Costs / Ex Tempore Judgment on Costs After Consent Orders Allowing the Appeal and Withdrawing the Statutory Order
Outcome
Costs application allowed.
Legal Topics
['statutory Enforcement Order' 'development Consent Compliance' 'costs Discretion']
['planning and Environment Law' 'costs'] ['statutory Enforcement Order' 'development Consent Compliance' 'costs Discretion']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Proceedings Involving an Appeal Against a Purported Statutory Enforcement Order and an Application for Costs / Ex Tempore Judgment on Costs After Consent Orders Allowing the Appeal and Withdrawing the Statutory Order

Legal Issues

  1. 1 ["Whether the Court should order the Council to pay the Applicant's costs in concluded Class 1 proceedings." 'Whether the history and outcome of the appeal justified exercise of the costs discretion under Land and Environment Court Rules, Pt 16 r 4(2).']

Ratio Decidendi

In light of the outcome of the case, including the consent orders that the appeal be allowed and the statutory order withdrawn, the Applicant successfully invoked the Court's costs discretion, and the Council was ordered to pay the Applicant's costs.

Court Disposition

Costs application allowed.

Orders

  • ["The Council is to pay the Applicant's costs in the proceedings in the sum agreed or, failing agreement, as assessed."]