Grant v Kiama Municipal Council (No 2) [2005] NSWLEC 629

Grant v Kiama Municipal Council (No 2) [2005] NSWLEC 629

It was fair and reasonable for the applicant to pay the respondent council's legal and expert costs arising after 11 May 2004 as a consequence of amendments to plans relating to water supply and effluent treatment, as well as the agreed costs for the telephone callover of 2 May 2005, totaling $3778.75. There was no basis to make further orders for other contested costs, nor for the costs of this motion, as those other elements reflected the ordinary course of contested litigation.

Jurisdiction
Australia
Judgment Date
11 October 2005
Procedural Posture
Notice of Motion for Costs (following Class 1 Development Appeal) / Post Judgment; Costs Application Decided After Substantive Appeal
Outcome
Application for costs granted in part.
Legal Topics
['costs' 'land and Environment Court Procedure' 'development Applications']
['environmental Law' 'planning Law'] ['costs' 'land and Environment Court Procedure' 'development Applications']

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Procedural Posture

Notice of Motion for Costs (following Class 1 Development Appeal) / Post Judgment; Costs Application Decided After Substantive Appeal

Legal Issues

  1. 1 ["Whether the applicant should pay the respondent council's costs for specified elements of the proceedings, including expert and legal costs after amendment of plans and in relation to a telephone callover"]

Ratio Decidendi

It was fair and reasonable for the applicant to pay the respondent council's legal and expert costs arising after 11 May 2004 as a consequence of amendments to plans relating to water supply and effluent treatment, as well as the agreed costs for the telephone callover of 2 May 2005, totaling $3778.75. There was no basis to make further orders for other contested costs, nor for the costs of this motion, as those other elements reflected the ordinary course of contested litigation.

Court Disposition

Application for costs granted in part.

Orders

  • ['Applicant to pay the respondent $3778.75 for specified professional costs post-11 May 2004 and telephone callover costs; to be paid within sixty days.' 'No order as to costs for the hearing of the motion itself at this stage; parties may make submissions to the Acting Chief Judge within fourteen days.']