Zhang v Harutoonian [2020] NSWLEC 39

Zhang v Harutoonian [2020] NSWLEC 39

The Applicant failed to demonstrate unreasonable conduct by the First Respondent before or during the litigation. The surrender of the consent was deemed a supervening event rather than a capitulation. Therefore, the default costs rule applied and each party was to bear its own costs upon dismissal of proceedings.

Jurisdiction
Australia
Judgment Date
27 April 2020
Procedural Posture
Class 4 Proceedings / Costs Hearing Following Notice of Motion for Dismissal
Outcome
Proceedings dismissed; each party to bear their own costs of the proceedings; Applicant to pay First Respondent's costs of the costs hearing; exhibits returned.
Legal Topics
['costs' 'development Consent' 'height Controls' 'discontinuance of Proceedings']
['administrative Law' 'planning Law'] ['costs' 'development Consent' 'height Controls' 'discontinuance of Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 Proceedings / Costs Hearing Following Notice of Motion for Dismissal

Legal Issues

  1. 1 ["Whether an 'otherwise' order for costs should be made upon dismissal of proceedings" "Whether First Respondent's conduct was unreasonable so as to justify an order for costs in favour of Applicant"]

Ratio Decidendi

The Applicant failed to demonstrate unreasonable conduct by the First Respondent before or during the litigation. The surrender of the consent was deemed a supervening event rather than a capitulation. Therefore, the default costs rule applied and each party was to bear its own costs upon dismissal of proceedings.

Court Disposition

Proceedings dismissed; each party to bear their own costs of the proceedings; Applicant to pay First Respondent's costs of the costs hearing; exhibits returned.

Orders

  • ['The proceedings are dismissed.' 'Each party is to pay its costs of the proceedings referred to in order (1).' "The Applicant is to pay the First Respondent's costs of this costs hearing." 'The exhibits are returned.']