Ku-ring-gai Council v Minister for Planning (No 2) [2008] NSWLEC 276

The Minister's repeal of the 2007 Order constituted a surrender rather than a supervening event, entitling the council to costs to 29 February 2008. The council's unsuccessful challenge to the 2008 Order invoked the usual loser pays rule, but considerations of offsetting costs and equal success resulted in no order as to costs for the proceedings.

Jurisdiction: Australia
Judgment Date: 02 October 2008
Procedural Posture: Judicial Review / Post Judgment Costs Determination
Outcome: No order as to costs of the proceedings or the costs notice of motion; exhibits may be returned.
Legal Topics: ['costs' 'judicial Review' 'environmental Planning']

['administrative Law' 'civil Procedure'] ['costs' 'judicial Review' 'environmental Planning']

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Procedural Posture

Judicial Review / Post Judgment Costs Determination

Legal Issues

1 ['Costs in judicial review proceedings where there is no hearing on the merits' 'Whether surrender or supervening event determines liability for costs' 'Whether public interest litigation affects usual costs order' 'Whether disentitling conduct affects entitlement to costs']

Ratio Decidendi

Court Disposition

No order as to costs of the proceedings or the costs notice of motion; exhibits may be returned.

Orders

['No order as to costs of the proceedings.' 'No order as to costs of the costs notice of motion.' 'Exhibits may be returned.']