Meehan v North Sydney Council [2006] NSWLEC 598

Meehan v North Sydney Council [2006] NSWLEC 598

In assessing fair and reasonable costs, the applicant is liable for costs associated with amended plans, vacated hearing dates, additional assessment and hearing time stemming from plan amendments, and part preparation of costs submissions, but not for the full sum claimed by the respondent; the Court exercises discretion under section 69(2) of the Land and Environment Court Act 1979 to fix costs at $26,000.

Parties
Applicant: MM Meehan; Respondent: North Sydney Council
Jurisdiction
Australia
Judgment Date
25 September 2006
Procedural Posture
Class 1 Merits Appeal / Judgment on Provisional Costs
Outcome
Applicant ordered to pay respondent's costs as specified, subject to Chief Judge's concurrence.
Legal Topics
Costs, Development Applications, Heritage, Class 1 Appeal Procedure
Planning Law Local Government Law Costs Development Applications Heritage Class 1 Appeal Procedure

Case Brief

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Parties

MM Meehan

Applicant

North Sydney Council

Respondent

Procedural Posture

Class 1 Merits Appeal / Judgment on Provisional Costs

Legal Issues

  1. 1 What is a fair and reasonable award of costs in class 1 proceedings involving amended development plans?
  2. 2 To what extent should the applicant be liable for costs incurred by the respondent due to vacated hearing dates and plan amendments?

Ratio Decidendi

In assessing fair and reasonable costs, the applicant is liable for costs associated with amended plans, vacated hearing dates, additional assessment and hearing time stemming from plan amendments, and part preparation of costs submissions, but not for the full sum claimed by the respondent; the Court exercises discretion under section 69(2) of the Land and Environment Court Act 1979 to fix costs at $26,000.

Court Disposition

Applicant ordered to pay respondent's costs as specified, subject to Chief Judge's concurrence.

Orders

  • Applicant to pay respondent's costs in the sum of $21,600.
  • Applicant to pay respondent's costs of the motion for costs in the sum of $4,400.