Parkes v Byron Shire Council and Anor (No 2) [2004] NSWLEC 550

Parkes v Byron Shire Council and Anor (No 2) [2004] NSWLEC 550

The Court declined to make an immediate order for costs due to insufficient knowledge of the merits, reserved costs application to be heard with the broader costs application; allowed late evidence from the applicant and permitted the first respondent to raise a further issue if notified promptly.

Parties
Applicant: John Parkes; First Respondent: Byron Shire Council; Second Respondent: Minister for Planning
Jurisdiction
Australia
Judgment Date
25 February 2004
Procedural Posture
Class One Proceedings / Interlocutory Hearing Concerning Costs and Procedural Orders
Outcome
Orders made on interlocutory matters; costs reserved
Legal Topics
Costs, Procedural Orders
Civil Procedure Costs Procedural Orders

Case Brief

Summary, issues, holding and outcome

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Parties

John Parkes

Applicant

Byron Shire Council

First Respondent

Minister for Planning

Second Respondent

Procedural Posture

Class One Proceedings / Interlocutory Hearing Concerning Costs and Procedural Orders

Legal Issues

  1. 1 Costs entitlement when a motion is withdrawn
  2. 2 Leave to file evidence out of time
  3. 3 Leave to raise a further point of law

Ratio Decidendi

The Court declined to make an immediate order for costs due to insufficient knowledge of the merits, reserved costs application to be heard with the broader costs application; allowed late evidence from the applicant and permitted the first respondent to raise a further issue if notified promptly.

Court Disposition

Orders made on interlocutory matters; costs reserved

Orders

  • Costs of the motion dated 19 February 2004 are reserved.
  • Applicant granted leave to file and serve evidence by 4pm today.