Wilson & Anor v Pittwater Council [2000] NSWLEC 204

Wilson & Anor v Pittwater Council [2000] NSWLEC 204

Because the original consent order was unspecific and the dispute was resolved by compromise in which the council abandoned its proposal for a concrete wall or concrete footing and the applicants agreed to undertake further work, it was appropriate that each party pay its own costs and that no order as to costs be made.

Jurisdiction
Australia
Judgment Date
15 September 2000
Procedural Posture
Application Seeking Declarations That Work Performed Satisfied Consent Orders Made in Earlier Proceedings / Ex Tempore Judgment After Settlement, Determining Dismissal and Costs
Outcome
Application dismissed by agreement; no order as to costs.
Legal Topics
['costs After Settlement' 'consent Orders' "court's Discretion as to Costs" 'stormwater Drainage Controls' 'jurisdiction']
['costs' 'land and Environment' 'environmental Planning'] ['costs After Settlement' 'consent Orders' "court's Discretion as to Costs" 'stormwater Drainage Controls' 'jurisdiction']

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Procedural Posture

Application Seeking Declarations That Work Performed Satisfied Consent Orders Made in Earlier Proceedings / Ex Tempore Judgment After Settlement, Determining Dismissal and Costs

Legal Issues

  1. 1 ['Whether any costs order should be made where the substantive dispute had been resolved by compromise.' 'Whether the Court had jurisdiction to entertain the application.' 'Whether the work performed by the applicants satisfied the earlier consent orders.']

Ratio Decidendi

Because the original consent order was unspecific and the dispute was resolved by compromise in which the council abandoned its proposal for a concrete wall or concrete footing and the applicants agreed to undertake further work, it was appropriate that each party pay its own costs and that no order as to costs be made.

Court Disposition

Application dismissed by agreement; no order as to costs.

Orders

  • ['That the application in proceedings no 40114 of 2000 be dismissed, it being noted that the dismissal is made upon the basis of an agreement reached between the parties for the applicants to carry out work as set out in the handwritten notations which will be filed with the papers' 'That no order be made for costs.']