Millerview Constructions Pty Ltd v Eurobodalla Shire Council [2000] NSWLEC 196

Millerview Constructions Pty Ltd v Eurobodalla Shire Council [2000] NSWLEC 196

The applicant’s discontinuance was reasonable in the circumstances owing to the council’s reversal of support and refusal to amend the DCP; hence, the usual presumption that costs follow the event is displaced and, except as previously ordered, there should be no order as to costs.

Jurisdiction
Australia
Judgment Date
31 August 2000
Procedural Posture
Costs Application / Post Discontinuance, Determination of Costs
Outcome
No order as to costs, except reserved costs on 23 February 1999 and by consent the applicant to pay the respondent’s costs of the s 56A appeal.
Legal Topics
['costs' 'notice of Discontinuance' 'exceptional Circumstances' 'practice Directions']
['planning Law' 'environmental Law' 'civil Procedure'] ['costs' 'notice of Discontinuance' 'exceptional Circumstances' 'practice Directions']

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Procedural Posture

Costs Application / Post Discontinuance, Determination of Costs

Legal Issues

  1. 1 ['Whether exceptional circumstances exist to justify a departure from the usual order for costs following notice of discontinuance without consent' "Whether the applicant's discontinuance was reasonable and whether costs should follow the event"]

Ratio Decidendi

The applicant’s discontinuance was reasonable in the circumstances owing to the council’s reversal of support and refusal to amend the DCP; hence, the usual presumption that costs follow the event is displaced and, except as previously ordered, there should be no order as to costs.

Court Disposition

No order as to costs, except reserved costs on 23 February 1999 and by consent the applicant to pay the respondent’s costs of the s 56A appeal.

Orders

  • ['Costs of hearing 23 February 1999 and costs thrown away by reason of adjournment on that day reserved.' 'By consent, the applicant is to pay the respondent’s costs of the appeal pursuant to s 56A of the Court Act.' 'Subject to orders 1 and 2, no order as to costs.']