Kiama Council v Grant [2006] NSWLEC 96

Kiama Council v Grant [2006] NSWLEC 96

Where the Council succeeded in obtaining, by consent, the orders it originally sought to remedy unlawful development and there was no disentitling conduct by the Council, the court should order the respondent to pay the Council's costs, including the costs of the costs application.

Parties
Applicant: Kiama Council; Respondent: John B Grant
Jurisdiction
Australia
Judgment Date
07 March 2006
Procedural Posture
Civil Enforcement Proceedings (class 4) / Post Judgment on Costs
Outcome
Orders: respondent to pay applicant's costs.
Legal Topics
Costs Orders, Development Consent, Civil Enforcement Proceedings, Remedial Work for Unlawful Development
Environmental Law Civil Procedure Costs Orders Development Consent Civil Enforcement Proceedings Remedial Work for Unlawful Development

Case Brief

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Parties

Kiama Council

Applicant

John B Grant

Respondent

Procedural Posture

Civil Enforcement Proceedings (class 4) / Post Judgment on Costs

Legal Issues

  1. 1 Whether the applicant (Kiama Council) should be awarded costs following consent orders in civil enforcement proceedings to remedy breach of planning law.
  2. 2 Whether there was 'disentitling conduct' by the Council that would justify not awarding costs.
  3. 3 Whether the respondent's conduct in defending proceedings justified a costs order against him.

Ratio Decidendi

Where the Council succeeded in obtaining, by consent, the orders it originally sought to remedy unlawful development and there was no disentitling conduct by the Council, the court should order the respondent to pay the Council's costs, including the costs of the costs application.

Court Disposition

Orders: respondent to pay applicant's costs.

Orders

  • The respondent pay the applicant's costs of the proceedings.
  • The respondent pay the applicant's costs of the application for costs of the proceedings.