Styles v Wollondilly Shire Council (No.3) [2001] NSWLEC 133

Styles v Wollondilly Shire Council (No.3) [2001] NSWLEC 133

There were no circumstances 'out of the ordinary' and the applicant's conduct in continuing the proceedings was not unreasonable; therefore, indemnity costs are not warranted and the usual order for party-party costs stands.

Jurisdiction
Australia
Judgment Date
16 May 2001
Procedural Posture
Class 4 Proceedings / Costs Application Following Substantive Judgment
Outcome
Notice of Motion for indemnity costs dismissed; the applicant is not to pay indemnity costs; respondent ordered to pay the applicant's costs of the notice of motion.
Legal Topics
['costs' 'indemnity Costs' 'exercise of Costs Discretion']
['environmental Law' 'civil Procedure'] ['costs' 'indemnity Costs' 'exercise of Costs Discretion']

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Procedural Posture

Class 4 Proceedings / Costs Application Following Substantive Judgment

Legal Issues

  1. 1 ["Whether the applicant should pay any of the Council's costs on an indemnity basis" 'What order should be made regarding the costs of the notice of motion seeking indemnity costs']

Ratio Decidendi

There were no circumstances 'out of the ordinary' and the applicant's conduct in continuing the proceedings was not unreasonable; therefore, indemnity costs are not warranted and the usual order for party-party costs stands.

Court Disposition

Notice of Motion for indemnity costs dismissed; the applicant is not to pay indemnity costs; respondent ordered to pay the applicant's costs of the notice of motion.

Orders

  • ["Order 2 of 1 March 2001 stands (applicant to pay Council's costs on a party-party basis)" 'Order 3 of 1 March 2001 is discharged' 'Notice of Motion for indemnity costs dismissed' "Respondent to pay applicant's costs of the Notice of Motion"]