Bowers v Northern Beaches Council and Anor (No 2) [2022] NSWLEC 46

Bowers v Northern Beaches Council and Anor (No 2) [2022] NSWLEC 46

The Court determined the proceedings were not brought in public interest and there was limited community of interest between respondents. The applicant should not bear the entirety of both respondents’ costs; instead, each successful respondent is entitled to 75% of its costs. The conduct of respondents did not constitute disentitling behaviour, and Council acted appropriately as a model litigant. Serious allegations by applicant were unsupported. The use of public interest exception and claims about procedural irregularity did not justify departing from the usual costs rule.

Jurisdiction
Australia
Judgment Date
29 April 2022
Procedural Posture
Judicial Review / Costs Determination After Dismissal of Substantive Proceedings
Outcome
Applicant to pay 75% of each respondent’s costs
Legal Topics
['costs' 'public Interest Exception' 'judicial Review' 'affidavit Evidence' 'model Litigant Conduct']
['administrative Law' 'planning and Environment Law'] ['costs' 'public Interest Exception' 'judicial Review' 'affidavit Evidence' 'model Litigant Conduct']

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Procedural Posture

Judicial Review / Costs Determination After Dismissal of Substantive Proceedings

Legal Issues

  1. 1 ['Whether proceedings were brought in the public interest for the purpose of costs exception' 'Whether applicant should bear costs of more than one respondent' 'Whether respondents’ conduct disentitles them to costs' 'Basis for awarding costs given overlapping interests of respondents']

Ratio Decidendi

The Court determined the proceedings were not brought in public interest and there was limited community of interest between respondents. The applicant should not bear the entirety of both respondents’ costs; instead, each successful respondent is entitled to 75% of its costs. The conduct of respondents did not constitute disentitling behaviour, and Council acted appropriately as a model litigant. Serious allegations by applicant were unsupported. The use of public interest exception and claims about procedural irregularity did not justify departing from the usual costs rule.

Court Disposition

Applicant to pay 75% of each respondent’s costs

Orders

  • ["The applicant, James Bowers, is to pay 75% of Northern Beaches Council's costs of the proceedings." "The applicant, James Bowers, is to pay 75% of Grigull Custodian Pty Ltd's costs of the proceedings."]