Robinson and Ors v Pittwater Council [1999] NSWLEC 200

Robinson and Ors v Pittwater Council [1999] NSWLEC 200

Practice Direction 10 was directed to building and planning appeals involving the rehearing of applications for approval, and was not aimed at an appeal under s 109 of the Local Government Act 1993 against revocation of an existing approval. The Court therefore had its normal discretion as to costs under s 69 of the Land and Environment Court Act 1979. The applicants had succeeded on the real issue in the proceedings, namely whether the approval had been obtained by misrepresentation, and no particular or exceptional circumstances justified departing from the ordinary order that costs follow the event.

Jurisdiction
Australia
Judgment Date
26 November 1998
Procedural Posture
Appeal Pursuant to S 178 of the Local Government Act 1993 Against a Decision to Revoke an Approval Pursuant to S 109 of That Act / Ex Tempore Reasons for Judgment on Costs
Outcome
Applicants awarded costs against the respondent.
Legal Topics
['revocation of Approval' 'misrepresentation' 'costs Discretion' 'practice Direction 10' 'building and Planning Appeals']
['local Government' 'land and Environment' 'costs'] ['revocation of Approval' 'misrepresentation' 'costs Discretion' 'practice Direction 10' 'building and Planning Appeals']

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Procedural Posture

Appeal Pursuant to S 178 of the Local Government Act 1993 Against a Decision to Revoke an Approval Pursuant to S 109 of That Act / Ex Tempore Reasons for Judgment on Costs

Legal Issues

  1. 1 ['Whether Land and Environment Court Practice Direction 10 applied to an appeal against revocation of an approval under s 109 of the Local Government Act 1993' "Whether the Practice Direction fettered the Court's discretion as to costs under s 69 of the Land and Environment Court Act 1979" 'Whether the successful applicants should receive an order for costs' 'Whether costs should be assessed on an indemnity basis']

Ratio Decidendi

Practice Direction 10 was directed to building and planning appeals involving the rehearing of applications for approval, and was not aimed at an appeal under s 109 of the Local Government Act 1993 against revocation of an existing approval. The Court therefore had its normal discretion as to costs under s 69 of the Land and Environment Court Act 1979. The applicants had succeeded on the real issue in the proceedings, namely whether the approval had been obtained by misrepresentation, and no particular or exceptional circumstances justified departing from the ordinary order that costs follow the event.

Court Disposition

Applicants awarded costs against the respondent.

Orders

  • ['The respondent pay the costs of the applicants in the proceedings.' 'Costs are not to be assessed on an indemnity basis.']