Carbone v Camden Council (No 2) [2015] NSWLEC 154

Carbone v Camden Council (No 2) [2015] NSWLEC 154

No unreasonable conduct by the Council or its staff, expert, or legal advisors justified an award of costs to the Applicant; conduct throughout proceedings was reasonable and consistent with proper procedure; costs follow the event and the Applicant's motion for costs must be dismissed.

Parties
Applicant: Mr M Carbone; Respondent: Camden Council
Jurisdiction
Australia
Judgment Date
01 October 2015
Procedural Posture
Class 1 Appeal / Costs Application Decision
Outcome
Application for costs dismissed
Legal Topics
Conciliation Conference, Development Application, Court Procedure, Class 1 Appeals
Costs Conciliation Conference Development Application Court Procedure Class 1 Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Mr M Carbone

Applicant

Camden Council

Respondent

Procedural Posture

Class 1 Appeal / Costs Application Decision

Legal Issues

  1. 1 Whether the Council should pay the Applicant's costs of the conciliation conference and proceedings
  2. 2 Whether costs should be awarded where Council acted contrary to staff recommendation
  3. 3 Whether prior expert evidence was necessary before conciliation

Ratio Decidendi

No unreasonable conduct by the Council or its staff, expert, or legal advisors justified an award of costs to the Applicant; conduct throughout proceedings was reasonable and consistent with proper procedure; costs follow the event and the Applicant's motion for costs must be dismissed.

Court Disposition

Application for costs dismissed

Orders

  • The application for costs is dismissed.
  • The Applicant is to pay the Respondent's costs of the motion as agreed or assessed.