Edwards v Woollahra Municipal Council & Anor [2004] NSWLEC 221

Edwards v Woollahra Municipal Council & Anor [2004] NSWLEC 221

As there was no unusual circumstance to deprive the second respondent of costs, and proceedings were discontinued, the second respondent was entitled to her costs.

Jurisdiction
Australia
Judgment Date
01 April 2004
Procedural Posture
Class 4 Proceedings (land and Environment Court of Nsw) / Discontinuance; Application for Costs
Outcome
Leave to discontinue granted; applicant ordered to pay second respondent's costs.
Legal Topics
['development Application' 'third Party Appeal' 'discontinuance of Proceedings' 'costs Following Discontinuance']
['local Government Law' 'planning and Environment Law'] ['development Application' 'third Party Appeal' 'discontinuance of Proceedings' 'costs Following Discontinuance']

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Procedural Posture

Class 4 Proceedings (land and Environment Court of Nsw) / Discontinuance; Application for Costs

Legal Issues

  1. 1 ['Whether applicant is entitled to maintain proceedings in class 4 given legislative restrictions on third party appeals' 'Whether costs should be awarded to the second respondent upon discontinuance']

Ratio Decidendi

As there was no unusual circumstance to deprive the second respondent of costs, and proceedings were discontinued, the second respondent was entitled to her costs.

Court Disposition

Leave to discontinue granted; applicant ordered to pay second respondent's costs.

Orders

  • ['Applicant granted leave to discontinue proceedings against the second respondent.' 'Applicant to pay the costs of the second respondent.']