Moss Vale Projects Pty Limited v Wingecarribee Shire Council [2018] NSWLEC 180

Moss Vale Projects Pty Limited v Wingecarribee Shire Council [2018] NSWLEC 180

The evidence does not establish that the applicant acted unreasonably in the conduct of the proceedings. The delays and disagreements were within the usual course of Class 1 appeals and do not warrant a departure from the presumptive rule against awarding costs. Therefore, it is not fair and reasonable to order that the applicant pay Council's costs of the proceedings beyond costs already ordered.

Jurisdiction
Australia
Judgment Date
12 November 2018
Procedural Posture
Class 1 Appeal / Application for Costs Following Discontinuance of Appeal
Outcome
Notice of Motion for costs dismissed. Each party to pay its own costs on the Notice of Motion.
Legal Topics
['costs' 'discontinuance of Proceedings' 'development Applications']
['environmental Law' 'planning Law' 'civil Procedure'] ['costs' 'discontinuance of Proceedings' 'development Applications']

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

Procedural Posture

Class 1 Appeal / Application for Costs Following Discontinuance of Appeal

Legal Issues

  1. 1 ['Whether it is fair and reasonable to order costs against the applicant in a discontinued Class 1 appeal' 'Whether the applicant acted unreasonably in the conduct of the proceedings' "Application of the 'non-discouragement' principle and rule 3.7 of the Land and Environment Court Rules 2007"]

Ratio Decidendi

The evidence does not establish that the applicant acted unreasonably in the conduct of the proceedings. The delays and disagreements were within the usual course of Class 1 appeals and do not warrant a departure from the presumptive rule against awarding costs. Therefore, it is not fair and reasonable to order that the applicant pay Council's costs of the proceedings beyond costs already ordered.

Court Disposition

Notice of Motion for costs dismissed. Each party to pay its own costs on the Notice of Motion.

Orders

  • ['The Notice of Motion brought by Council on 16 August 2018 is dismissed.' 'Each party is to pay its own costs on that Notice of Motion.' 'The Exhibits may remain in the Court file.']