Millerview Constructions Pty Ltd v Eurobodalla Shire Council [2001] NSWLEC 239

The respondent’s late service of the supplementary expert report caused the adjournment, entitling the applicant to costs thrown away, consistent with established legal principles.

Jurisdiction: Australia
Judgment Date: 16 October 2001
Procedural Posture: Class 1 Proceedings / Costs Determination Following Adjournment
Outcome: Costs awarded to applicant
Legal Topics: ['costs' 'adjournment' 'expert Evidence']

['civil Procedure' 'planning Law'] ['costs' 'adjournment' 'expert Evidence']

Case Brief

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

Procedural Posture

Class 1 Proceedings / Costs Determination Following Adjournment

Legal Issues

1 ['Whether costs should be awarded following an adjournment caused by late service of expert reports' 'Compliance with Land and Environment Court Rules regarding service of evidence']

Ratio Decidendi

The respondent’s late service of the supplementary expert report caused the adjournment, entitling the applicant to costs thrown away, consistent with established legal principles.

Court Disposition

Costs awarded to applicant

Orders

['The respondent pay the costs thrown away by the applicant as a consequence of the adjournment granted by Commissioner Hoffman on 23 February 1999.' "The respondent pay the applicant's further costs in relation to the written submissions in respect of the issue of costs occasioned by the adjournment."]