Joseph v Kiama Municipal Council and Ors [2025] NSWLEC 7

Joseph v Kiama Municipal Council and Ors [2025] NSWLEC 7

Council was entitled to its costs, determined as a gross sum, given the substantial merit of its position on the strike out motion, the complexity and history of the proceedings, and sufficient evidence before the Court to confidently fix the amount. The circumstances warranted a 65% award of total legal costs, resulting in a lump sum order, rather than full assessment.

Parties
Applicant: Michael John Joseph; Respondent: Kiama Municipal Council; Other: Ricardo Spencer; Other: Jennifer Spencer; Other: John Leftwich
Jurisdiction
Australia
Judgment Date
21 February 2025
Procedural Posture
Class 4 (land and Environment Court) / Costs Determination After Discontinuance of Proceedings
Outcome
Application granted for gross sum costs order in favour of Council
Legal Topics
Costs, Discontinuance of Proceedings, Gross Sum Costs Order, Civil Procedure Act 2005 (nsw), Uniform Civil Procedure Rules 2005 (nsw)
Civil Procedure Local Government Planning and Environment Law Costs Discontinuance of Proceedings Gross Sum Costs Order Civil Procedure Act 2005 (nsw) Uniform Civil Procedure Rules 2005 (nsw)

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 3 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Michael John Joseph

Applicant

Kiama Municipal Council

Respondent

Ricardo Spencer

Other

Jennifer Spencer

Other

John Leftwich

Other

Procedural Posture

Class 4 (land and Environment Court) / Costs Determination After Discontinuance of Proceedings

Legal Issues

  1. 1 Whether respondent (Council) should be awarded costs after discontinuance
  2. 2 Whether costs should be assessed or determined as a gross sum costs order
  3. 3 Appropriateness of discount on costs in the circumstances

Ratio Decidendi

Council was entitled to its costs, determined as a gross sum, given the substantial merit of its position on the strike out motion, the complexity and history of the proceedings, and sufficient evidence before the Court to confidently fix the amount. The circumstances warranted a 65% award of total legal costs, resulting in a lump sum order, rather than full assessment.

Court Disposition

Application granted for gross sum costs order in favour of Council

Orders

  • Michael John Joseph is to pay Kiama Municipal Council the specified gross sum of $45,500 pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW) within 2 months of the date of this order.