Paterson v Warringah Council [2003] NSWLEC 25

Paterson v Warringah Council [2003] NSWLEC 25

The Applicant was essentially successful in resisting the original works order and that litigation was the true focal point and main contributor to costs; Council's limited success in the cessation-of-use order was minor. Each party achieved a measure of success warranting an order that each bear its own costs in both proceedings.

Parties
Applicant: Paterson; Respondent: Warringah Council
Jurisdiction
Australia
Judgment Date
02 December 2002
Procedural Posture
Costs Application in Related Statutory Enforcement Appeals / Post Judgment Costs Determination
Outcome
Each party bear its own costs in both proceedings
Legal Topics
Costs in Planning Enforcement Appeals, Statutory Enforcement Orders, Interpretation of Planning Orders
Planning Law Local Government Law Costs in Planning Enforcement Appeals Statutory Enforcement Orders Interpretation of Planning Orders

Case Brief

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Parties

Paterson

Applicant

Warringah Council

Respondent

Procedural Posture

Costs Application in Related Statutory Enforcement Appeals / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded in related class 1 proceedings involving statutory planning enforcement orders
  2. 2 Whether the appeals against orders under Environmental Planning and Assessment Act 1979, s 121B are 'planning or building appeals' for purposes of costs discretion under Practice Direction, par 10

Ratio Decidendi

The Applicant was essentially successful in resisting the original works order and that litigation was the true focal point and main contributor to costs; Council's limited success in the cessation-of-use order was minor. Each party achieved a measure of success warranting an order that each bear its own costs in both proceedings.

Court Disposition

Each party bear its own costs in both proceedings

Orders

  • In both proceedings, each party bear its own costs