Wilkshire v Bombala Shire Council [2006] FCA 1158

Wilkshire v Bombala Shire Council [2006] FCA 1158

The applicant should bear his own costs up to and including 27 April 2006 due to filing an inappropriate notice of appeal. The respondent should bear its own costs for the premature motion and supporting documents, as procedural issues should properly have been raised at the directions hearing. Other costs will be costs in the proceeding.

Parties
Applicant: Peter John Wilkshire; Respondent: Bombala Shire Council
Jurisdiction
Australia
Judgment Date
31 August 2006
Procedural Posture
Appeal / Costs Determination Following Procedural Orders
Outcome
Parties to bear their own costs up to specified points; all other costs are costs in the proceeding.
Legal Topics
Costs, Amendment of Proceedings, Striking Out Applications
Practice and Procedure Costs Amendment of Proceedings Striking Out Applications

Case Brief

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Parties

Peter John Wilkshire

Applicant

Bombala Shire Council

Respondent

Procedural Posture

Appeal / Costs Determination Following Procedural Orders

Legal Issues

  1. 1 Who should bear the costs relating to the preparation and filing of the motion to strike out and the amendment of the proceeding

Ratio Decidendi

The applicant should bear his own costs up to and including 27 April 2006 due to filing an inappropriate notice of appeal. The respondent should bear its own costs for the premature motion and supporting documents, as procedural issues should properly have been raised at the directions hearing. Other costs will be costs in the proceeding.

Court Disposition

Parties to bear their own costs up to specified points; all other costs are costs in the proceeding.

Orders

  • The applicant bear his own costs up to and including 27 April 2006.
  • The respondent bear its own costs of and concerning the preparation of and filing of the motion filed on 20 April 2006 and the affidavit in support, any costs associated with service or attempted service thereof and of the argument as to costs of the motion.