Marrickville Council -V- Syfurn P/L & Ors. [1999] NSWLEC 71

Marrickville Council -V- Syfurn P/L & Ors. [1999] NSWLEC 71

The Council, as the successful party by virtue of consent orders which provided the relief claimed, is entitled to its costs, as no relevant misconduct by the Council was found that would justify departing from the rule that costs follow the event.

Jurisdiction
Australia
Judgment Date
24 March 1999
Procedural Posture
Class 4 Proceedings / Post Settlement (costs Determination)
Outcome
Council awarded costs; Respondents' application for costs refused.
Legal Topics
['costs' 'injunctions' 'development Consent' 'planning Law Enforcement']
['planning and Environment Law' 'civil Procedure'] ['costs' 'injunctions' 'development Consent' 'planning Law Enforcement']

Case Brief

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Procedural Posture

Class 4 Proceedings / Post Settlement (costs Determination)

Legal Issues

  1. 1 ['Whether Marrickville Council ought to receive its costs after settlement by consent orders, having obtained the relief sought.' 'Whether Council was guilty of misconduct such that costs should be denied or paid to Respondents.']

Ratio Decidendi

The Council, as the successful party by virtue of consent orders which provided the relief claimed, is entitled to its costs, as no relevant misconduct by the Council was found that would justify departing from the rule that costs follow the event.

Court Disposition

Council awarded costs; Respondents' application for costs refused.

Orders

  • ["Respondents to pay the Applicant's (Council's) costs as agreed or, failing agreement, as assessed." "Respondents' application for costs refused." 'Exhibits to remain on the Court papers.']