Martin v Cootamundra Shire Council and Anor (No 2) [2008] NSWLEC 274

Martin v Cootamundra Shire Council and Anor (No 2) [2008] NSWLEC 274

Both Respondents were proper parties, conducted their cases efficiently with no duplication or disentitling conduct, and as such both should be awarded their costs, including costs of the respective Notices of Motion.

Parties
Applicant: Ormonde Robert Martin; First Respondent: Cootamundra Shire Council; Second Respondent: John Meyer
Jurisdiction
Australia
Judgment Date
10 November 2008
Procedural Posture
Judicial Review (class 4 Application) / Costs Determination Post Substantive Judgment
Outcome
Costs awarded to both Respondents
Legal Topics
Judicial Review, Costs Orders, Multiple Respondents, Discretion in Awarding Costs
Administrative Law Costs Judicial Review Costs Orders Multiple Respondents Discretion in Awarding Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Ormonde Robert Martin

Applicant

Cootamundra Shire Council

First Respondent

John Meyer

Second Respondent

Procedural Posture

Judicial Review (class 4 Application) / Costs Determination Post Substantive Judgment

Legal Issues

  1. 1 Whether costs should be awarded to multiple successful respondents in judicial review proceedings
  2. 2 Whether there is any disentitling conduct that should affect the awarding of costs

Ratio Decidendi

Both Respondents were proper parties, conducted their cases efficiently with no duplication or disentitling conduct, and as such both should be awarded their costs, including costs of the respective Notices of Motion.

Court Disposition

Costs awarded to both Respondents

Orders

  • The Applicant is to pay the First Respondent's costs of and incidental to the proceedings including the costs of the Notice of Motion, as agreed or assessed.
  • The Applicant is to pay the Second Respondent's costs of and incidental to the proceedings including the costs of the Notice of Motion, as agreed or assessed.