Brennan v Leichhardt Council (No 2) [2013] NSWLEC 199

Brennan v Leichhardt Council (No 2) [2013] NSWLEC 199

It was not fair and reasonable to order the council to pay the applicants' costs because the applicants had not proved any wrongdoing, bias, partiality, non-compliance with Court orders, or unreasonable conduct by the council; the proceedings did not involve a determinative question of law justifying costs; the council had offered to resolve the matter on the same substantive terms ultimately ordered; and the applicants' costs application was wholly without merit and misconceived. It was fair and reasonable that the applicants pay the respondent's costs of the failed notice of motion.

Jurisdiction
Australia
Judgment Date
19 November 2013
Procedural Posture
Class 1 Tree Appeal Costs Application / Notice of Motion for Costs Following Partially Successful Appeal
Outcome
The applicants' notice of motion was dismissed with costs.
Legal Topics
['class 1 Proceedings' 'tree Removal Appeal' 'costs Orders' 'fair and Reasonable Costs Discretion']
['planning and Environment' 'costs'] ['class 1 Proceedings' 'tree Removal Appeal' 'costs Orders' 'fair and Reasonable Costs Discretion']

Case Brief

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Procedural Posture

Class 1 Tree Appeal Costs Application / Notice of Motion for Costs Following Partially Successful Appeal

Legal Issues

  1. 1 ["Whether it was fair and reasonable under r 3.7 of the Land and Environment Court Rules 2007 to order Leichhardt Council to pay the applicants' costs of the appeal." 'Whether the council had acted unreasonably, partially, or failed to comply with Court orders so as to justify a costs order against it.' "Whether the applicants should pay the respondent's costs of the failed notice of motion."]

Ratio Decidendi

It was not fair and reasonable to order the council to pay the applicants' costs because the applicants had not proved any wrongdoing, bias, partiality, non-compliance with Court orders, or unreasonable conduct by the council; the proceedings did not involve a determinative question of law justifying costs; the council had offered to resolve the matter on the same substantive terms ultimately ordered; and the applicants' costs application was wholly without merit and misconceived. It was fair and reasonable that the applicants pay the respondent's costs of the failed notice of motion.

Court Disposition

The applicants' notice of motion was dismissed with costs.

Orders

  • ["The applicants' notice of motion is dismissed." "The applicants must pay the respondent's costs of the notice of motion."]