Sansom v Port Stephens Council (No 2) [2006] NSWLEC 504

Considering the circumstances of this case, including the nature of the preliminary question and its overlap with merit issues, and policy reasons not to discourage applicants, it is fair and reasonable that each party pay their own costs.

Parties: Applicant: Jeffrey Joseph Sansom; Respondent: Port Stephens Council
Jurisdiction: Australia
Judgment Date: 18 August 2006
Procedural Posture: Class 1 Proceedings – Appeal Under S 97 of Environmental Planning and Assessment Act 1979 / Judgment on Costs After Preliminary Question of Law Determined
Outcome: Each party to pay its own costs of the hearing of the preliminary question of law.
Legal Topics: Costs in Class 1 Proceedings, Preliminary Questions of Law, Environmental Planning and Assessment Act 1979 S 97

Planning Law Administrative Law Costs in Class 1 Proceedings Preliminary Questions of Law Environmental Planning and Assessment Act 1979 S 97

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Parties

Jeffrey Joseph Sansom

Applicant

Port Stephens Council

Respondent

Procedural Posture

Class 1 Proceedings – Appeal Under S 97 of Environmental Planning and Assessment Act 1979 / Judgment on Costs After Preliminary Question of Law Determined

Legal Issues

1 Whether costs should follow the event for a preliminary question of law in Class 1 proceedings

Ratio Decidendi

Court Disposition

Each party to pay its own costs of the hearing of the preliminary question of law.

Orders

Each party is to pay its costs of the hearing of the preliminary question of law.