Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council (No 2) [2022] NSWLEC 129

Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council (No 2) [2022] NSWLEC 129

It would not be fair and reasonable in the circumstances to award the applicant costs for the hearing concerning the larger assessment parcel or to apportion costs to reflect 'success' on that parcel. Factors weighing against costs included misapplied legal arguments, wasted hearing time (GIS mapping, voir dire), lack of proper Calderbank offers, and legitimate council conduct regarding statutory tests. Each party should bear its own costs of the substantive proceedings, and the applicant should pay the respondent’s costs of the costs motion.

Parties
Applicant: Mangoola Coal Operations Pty Ltd; Respondent: Muswellbrook Shire Council
Jurisdiction
Australia
Judgment Date
07 November 2022
Procedural Posture
Class 3 Rating Classification Appeal / Costs Application Following Substantive and Appellate Proceedings
Outcome
Applicant's costs application dismissed
Legal Topics
Rating Classification, Costs, Apportionment, Statutory Interpretation
Local Government Law Civil Procedure Property Law Rating Classification Costs Apportionment Statutory Interpretation

Case Brief

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Parties

Mangoola Coal Operations Pty Ltd

Applicant

Muswellbrook Shire Council

Respondent

Procedural Posture

Class 3 Rating Classification Appeal / Costs Application Following Substantive and Appellate Proceedings

Legal Issues

  1. 1 Whether the applicant should be awarded costs following successful reclassification of larger assessment parcel
  2. 2 Whether costs should be apportioned between larger and smaller assessment parcel proceedings
  3. 3 Application of 'fair and reasonable' costs rule under Court Rules

Ratio Decidendi

It would not be fair and reasonable in the circumstances to award the applicant costs for the hearing concerning the larger assessment parcel or to apportion costs to reflect 'success' on that parcel. Factors weighing against costs included misapplied legal arguments, wasted hearing time (GIS mapping, voir dire), lack of proper Calderbank offers, and legitimate council conduct regarding statutory tests. Each party should bear its own costs of the substantive proceedings, and the applicant should pay the respondent’s costs of the costs motion.

Court Disposition

Applicant's costs application dismissed

Orders

  • Applicant's costs application is rejected
  • Applicant's Notice of Motion is dismissed