Masterbuilt Pty Limited v Wingecarribee Shire Council [2004] NSWLEC 767

Masterbuilt Pty Limited v Wingecarribee Shire Council [2004] NSWLEC 767

The Council was not entitled to costs for the first vacated hearing date because, had the adjournment not occurred, it would have had to defend its decision in the ordinary course of class one proceedings. However, the second hearing date was fixed early to assist the applicant and was later vacated at the applicant's request, causing wasted costs incurred for the applicant's benefit, so a costs order including the costs of the motion was fair and reasonable.

Jurisdiction
Australia
Judgment Date
01 December 2004
Procedural Posture
Class One Proceedings / Council's Application for an Order for Costs
Outcome
Costs ordered for the Council in the agreed sum of $12,500.
Legal Topics
['fair and Reasonable Costs' 'costs for Vacated Hearing Dates' 'wasted Costs']
['costs' 'land and Environment Court Proceedings'] ['fair and Reasonable Costs' 'costs for Vacated Hearing Dates' 'wasted Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class One Proceedings / Council's Application for an Order for Costs

Legal Issues

  1. 1 ['Whether it was fair and reasonable to order costs for two vacated hearing dates in class one proceedings.' 'Whether the Council should be compensated for costs incurred when the matter was fixed for hearing on two occasions and subsequently vacated.']

Ratio Decidendi

The Council was not entitled to costs for the first vacated hearing date because, had the adjournment not occurred, it would have had to defend its decision in the ordinary course of class one proceedings. However, the second hearing date was fixed early to assist the applicant and was later vacated at the applicant's request, causing wasted costs incurred for the applicant's benefit, so a costs order including the costs of the motion was fair and reasonable.

Court Disposition

Costs ordered for the Council in the agreed sum of $12,500.

Orders

  • ["The applicant is to pay the Council's costs determined in the sum of $12,500."]