Pancho Properties Pty Limited v Wingecarribee Shire Council [2004] NSWLEC 620

Pancho Properties Pty Limited v Wingecarribee Shire Council [2004] NSWLEC 620

In matter No. 10072A of 1998 neither party was entirely successful because development consent was granted and Condition 3 was retained in modified form, so it was fair and reasonable that there be no order as to costs. In matters No. 10071C of 1998 and No. 10138 of 1999 the proceedings were determined on...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 November 2004
Procedural Posture
Class 1 Proceedings Concerning Development Consent and Costs / Application by the Respondent for Costs After Final Determination on 22 April 2004
Outcome
No order as to costs in matter No. 10072A of 1998 after 8 November 2001; the applicant ordered to pay the respondent's costs in matters No. 10071C of 1998 and No. 10138 of 1999 after 8 November 2001 and the costs of the costs application heard on 28 October 2004.
Legal Topics
['class 1 Proceedings' 'development Consent' 'jurisdictional Facts' 'costs Following the Event' 'land and Environment Court Rules Part 16 Rule 4(2)']
['planning and Environment Law' 'costs'] ['class 1 Proceedings' 'development Consent' 'jurisdictional Facts' 'costs Following the Event' 'land and Environment Court Rules Part 16 Rule 4(2)']

Source-derived case record

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Procedural Posture

Class 1 Proceedings Concerning Development Consent and Costs / Application by the Respondent for Costs After Final Determination on 22 April 2004

Legal Issues

  1. 1 ['Whether it was fair and reasonable to make a costs order in class 1 proceedings under Part 16, Rule 4(2) of the Land and Environment Court Rules.' 'Whether matter No. 10072A of 1998 should result in a costs order where development consent was maintained but Condition 3 was modified.' 'Whether matters No. 10071C of 1998 and No. 10138 of 1999 took on the character of ordinary litigation because they were determined on jurisdictional or mixed questions of fact and law.' "Whether the Council's interlocutory conduct and alleged failure to comply with directions disentitled it to costs."]

Ratio Decidendi

In matter No. 10072A of 1998 neither party was entirely successful because development consent was granted and Condition 3 was retained in modified form, so it was fair and reasonable that there be no order as to costs. In matters No. 10071C of 1998 and No. 10138 of 1999 the proceedings were determined on jurisdictional or mixed questions of fact and law showing that there was no power to grant development consent, causing the proceedings to take on the character of ordinary litigation; the Council's interlocutory conduct did not disentitle it to costs, and it was fair and reasonable that costs follow the event.

Court Disposition

No order as to costs in matter No. 10072A of 1998 after 8 November 2001; the applicant ordered to pay the respondent's costs in matters No. 10071C of 1998 and No. 10138 of 1999 after 8 November 2001 and the costs of the costs application heard on 28 October 2004.

Orders

  • ['In matter No. 10072A of 1998 no order as to costs after 8 November 2001.' 'That the applicant Pancho Properties Pty Limited pay the costs of the respondent, Wingecarribee Shire Council in matter No. 10071C of 1998 and No. 10138 of 1999 after 8 November 2001.' 'The applicant, Pancho Properties Pty Limited pay the...