Pittwater Council v Granger [2006] NSWLEC 80
The Court exercised its discretion not to order costs in favour of the Council, finding that costs incurred from 17 December 2003 were either resolved by prior consent orders or were not costs of or incidental to proceedings, particularly as they were incurred after the conclusion of proceedings, and that recovery was not warranted.
- Jurisdiction
- Australia
- Judgment Date
- 09 February 2006
- Procedural Posture
- Notice of Motion for Costs / Post Proceedings, Determination of Costs
- Outcome
- No order for costs is made.
- Legal Topics
- ['costs' 'compliance With Court Orders' 'land Stability' 'remedial Works' 'contempt of Court']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Notice of Motion for Costs / Post Proceedings, Determination of Costs
Legal Issues
- 1 ['Whether the applicant Council is entitled to an order for costs incurred from 17 December 2003; whether those costs were costs of and incidental to proceedings; whether costs incurred subsequent to consent orders or without proceedings on foot are recoverable.']
Ratio Decidendi
The Court exercised its discretion not to order costs in favour of the Council, finding that costs incurred from 17 December 2003 were either resolved by prior consent orders or were not costs of or incidental to proceedings, particularly as they were incurred after the conclusion of proceedings, and that recovery was not warranted.
Court Disposition
No order for costs is made.
Orders
- ['No order for costs is made in proceedings number 40778 of 2003 from 17 December 2003.' 'The exhibits be returned.']
Full Case Text
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