Burrell v Almajd and Another [2003] NSWLEC 27

Burrell v Almajd and Another [2003] NSWLEC 27

Special circumstances existed because the applicant's proceedings substantially duplicated the council's proceedings, the council and first respondent had responsibly resolved the main remediation issues by consent orders, and the applicant's additional success was limited to expanding the orders to give two trees a chance to regenerate. The first respondent therefore should not pay all of the applicant's costs, but the applicant's partial success justified an order for half his costs.

Jurisdiction
Australia
Judgment Date
29 November 2002
Procedural Posture
Costs Application in Land and Environment Court Proceedings Concerning Remediation for Damaged Trees / Ex Tempore Judgment
Outcome
The applicant obtained a partial costs order against the first respondent.
Legal Topics
['costs Discretion' 'overlapping Proceedings' 'consent Orders' 'tree Damage Remediation' 'open Standing']
['environmental Planning and Assessment' 'local Government' 'costs'] ['costs Discretion' 'overlapping Proceedings' 'consent Orders' 'tree Damage Remediation' 'open Standing']

Case Brief

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Procedural Posture

Costs Application in Land and Environment Court Proceedings Concerning Remediation for Damaged Trees / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the applicant should recover costs from the first respondent where the applicant pursued separate proceedings overlapping with proceedings brought by Sutherland Shire Council.' 'Whether special circumstances justified departing from the usual expectation that a successful litigant receives costs.' "Whether the applicant's additional success in obtaining broader remediation orders warranted full costs."]

Ratio Decidendi

Special circumstances existed because the applicant's proceedings substantially duplicated the council's proceedings, the council and first respondent had responsibly resolved the main remediation issues by consent orders, and the applicant's additional success was limited to expanding the orders to give two trees a chance to regenerate. The first respondent therefore should not pay all of the applicant's costs, but the applicant's partial success justified an order for half his costs.

Court Disposition

The applicant obtained a partial costs order against the first respondent.

Orders

  • ["Ghass Almajd is to pay one half of John Llewellyn Burrell's costs in the proceedings, including the costs of 29 November 2002."]