Gardiner and Anor v Hornsby Shire Council [2000] NSWLEC 37

The terms of Hornsby Shire Council's order were found to be unreasonable due to confusing, ambiguous language and unclear requirements; compensation was awarded only for expenses substantiated as incurred as a consequence of the order (specifically, two advertisement fees and machine work invoice), totalling $599.10.

Parties: Applicant: Michael Gardiner; Applicant: MAG Gardiner Pty Ltd; Respondent: Hornsby Shire Council
Jurisdiction: Australia
Judgment Date: 29 November 1999
Procedural Posture: Application for Compensation Under Local Government Act 1993 S 181 / Judgment
Outcome: Compensation awarded; costs ordered in favour of applicant.
Legal Topics: Local Government Orders, Compensation, Reasonableness of Orders, Expenses Incurred, Class 2 Proceedings, Costs

Administrative Law Local Government Local Government Orders Compensation Reasonableness of Orders Expenses Incurred Class 2 Proceedings Costs

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Parties

Michael Gardiner

Applicant

MAG Gardiner Pty Ltd

Applicant

Hornsby Shire Council

Respondent

Procedural Posture

Application for Compensation Under Local Government Act 1993 S 181 / Judgment

Legal Issues

1 Whether the giving or terms of the order were unsubstantiated or unreasonable under s 181
2 What expenses incurred are compensable as a consequence of the order

Ratio Decidendi

Court Disposition

Compensation awarded; costs ordered in favour of applicant.

Orders

Compensation under s 181 awarded to applicant in amount of $599.10 for expenses incurred as a consequence of the order.
Council to pay costs of applicant as agreed or as assessed.