Menangle Sand & Soil Pty Ltd v Wingecarribee Shire Council & Ors [2000] NSWLEC 100

Menangle Sand & Soil Pty Ltd v Wingecarribee Shire Council & Ors [2000] NSWLEC 100

The applicant's prompt and reasonable discontinuance before the matter was set down for hearing, in response to expanded issues and the addition of new parties not within its control, means there are no exceptional circumstances justifying an order for costs against it. Accordingly, the third respondents' application for costs is dismissed.

Jurisdiction
Australia
Judgment Date
20 June 2000
Procedural Posture
Planning and Building Appeal (development Application Refusal) / Costs Application Following Discontinuance by Applicant
Outcome
Third respondents' motion for costs dismissed; third respondents to pay applicant's costs of the motion.
Legal Topics
['costs' 'discontinuance of Proceedings' 'joinder of Parties']
['planning Law' 'environmental Law' 'civil Procedure'] ['costs' 'discontinuance of Proceedings' 'joinder of Parties']

Case Brief

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Procedural Posture

Planning and Building Appeal (development Application Refusal) / Costs Application Following Discontinuance by Applicant

Legal Issues

  1. 1 ["Whether the applicant should pay the third respondents' costs following discontinuance of the proceedings" 'What constitutes exceptional circumstances for costs orders in planning and building appeals']

Ratio Decidendi

The applicant's prompt and reasonable discontinuance before the matter was set down for hearing, in response to expanded issues and the addition of new parties not within its control, means there are no exceptional circumstances justifying an order for costs against it. Accordingly, the third respondents' application for costs is dismissed.

Court Disposition

Third respondents' motion for costs dismissed; third respondents to pay applicant's costs of the motion.

Orders

  • ["The third respondents' notice of motion for costs is dismissed." "The third respondents must pay the applicant's costs of the notice of motion."]