Gibson v Mosman Municipal Council [2001] NSWLEC 201

Gibson v Mosman Municipal Council [2001] NSWLEC 201

The raising and resolution of a preliminary question of law concerning the jurisdiction of the Court entitles the successful applicant to an order for costs, following the approach endorsed in Nahum v North Sydney Municipal Council, and as the rigid limitation in Practice Direction 1993 par 10 cannot stand in light...

Source-derived case information.

Parties
Applicant: James Gibson; Respondent: Mosman Municipal Council
Jurisdiction
Australia
Judgment Date
30 August 2001
Procedural Posture
Appeal / Costs Determination Following Preliminary Question of Law
Outcome
Order for costs in favour of applicant
Legal Topics
Costs, Preliminary Issues of Law, Planning Appeals
Planning and Environment Law Local Government Law Civil Procedure Costs Preliminary Issues of Law Planning Appeals

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Summary, issues, holding and outcome

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Parties

James Gibson

Applicant

Mosman Municipal Council

Respondent

Procedural Posture

Appeal / Costs Determination Following Preliminary Question of Law

Legal Issues

  1. 1 Whether applicant is entitled to costs in respect of a preliminary issue of law in class 1 proceedings
  2. 2 Application of Practice Direction 1993 par 10 after Maurici v Chief Commissioner of State Revenue [2001] NSWCA 78

Ratio Decidendi

The raising and resolution of a preliminary question of law concerning the jurisdiction of the Court entitles the successful applicant to an order for costs, following the approach endorsed in Nahum v North Sydney Municipal Council, and as the rigid limitation in Practice Direction 1993 par 10 cannot stand in light of Maurici v Chief Commissioner of State Revenue.

Court Disposition

Order for costs in favour of applicant

Orders

  • The respondent pay the applicant's costs of the hearing on 7 June 2001 and of the notice of motion dated 28 June 2001.