Newton Denny Chapelle v Ballina Shire Council (No 2) [2014] NSWLEC 183

Newton Denny Chapelle v Ballina Shire Council (No 2) [2014] NSWLEC 183

It is fair and reasonable for the Council to pay the Applicant's costs for the first call-over, and costs arising out of the two Notices of Motion, because the Council was responsible for including irrelevant contentions in its Statement and should have ensured such contentions were subject to proper legal review before filing, leading to unnecessary interlocutory steps.

Parties
Applicant: Newton Denny Chapelle; Respondent: Ballina Shire Council
Jurisdiction
Australia
Judgment Date
17 November 2014
Procedural Posture
Appeal (class 1, Land and Environment Court) / Costs Determination Following Judgment
Outcome
Application for costs granted in general terms, quantum not summarily determined.
Legal Topics
Costs in Class 1 Proceedings, Interlocutory Motions, Modification of Development Consent
Planning Law Civil Procedure Costs in Class 1 Proceedings Interlocutory Motions Modification of Development Consent

Case Brief

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Parties

Newton Denny Chapelle

Applicant

Ballina Shire Council

Respondent

Procedural Posture

Appeal (class 1, Land and Environment Court) / Costs Determination Following Judgment

Legal Issues

  1. 1 Whether it is fair and reasonable for the Council to pay the Applicant's costs for three interlocutory steps in the proceedings in accordance with Pt 3, r 3.7 of the Land and Environment Court Rules 2007 (NSW)

Ratio Decidendi

It is fair and reasonable for the Council to pay the Applicant's costs for the first call-over, and costs arising out of the two Notices of Motion, because the Council was responsible for including irrelevant contentions in its Statement and should have ensured such contentions were subject to proper legal review before filing, leading to unnecessary interlocutory steps.

Court Disposition

Application for costs granted in general terms, quantum not summarily determined.

Orders

  • The Council must pay the costs of the Applicant reserved at the first call-over of the proceedings on 16 December 2013.
  • The Council must pay the Applicant's costs associated with the Applicant's Notice of Motion dated and filed 6 February 2014.