Prefabricated Buildings Pty Ltd v Bathurst Regional Council (No 2) [2017] NSWLEC 111

Prefabricated Buildings Pty Ltd v Bathurst Regional Council (No 2) [2017] NSWLEC 111

Prefabricated did not act unreasonably before 16 November 2016: Mr Carter's commencement of proceedings in his own name was a mistake by an unrepresented litigant, and the amendment, refinement, unused material, and unsuccessful separate question application did not amount to unreasonable conduct. However, from 18 November 2016, when the Further Amended Application and Amended Statement of Facts and Contentions were filed and factual contentions were abandoned, the sole issue was a determinative question of statutory construction concerning ss 501 and 502 of the Local Government Act 1993 (NSW). Although the proceedings raised a complex, arguable issue with public interest aspects, r...

Jurisdiction
Australia
Judgment Date
30 August 2017
Procedural Posture
Class 3 Application; Costs Motion Following Dismissal of Appeal Under S 574(1) of the Local Government Act 1993 (nsw) Against a Rates Notice for Water and Sewerage Services / Notice of Motion by the Respondent Seeking Costs After Dismissal of the Substantive Application
Outcome
Costs ordered in favour of the respondent from 18 November 2016 only.
Legal Topics
['costs in Class 3 Proceedings' 'fair and Reasonable Costs Order' 'unreasonable Conduct' 'question of Law in Costs Discretion' 'council Rates and Charges' 'water Availability and Sewerage Access Charges']
['costs' 'local Government' 'land and Environment Court Procedure'] ['costs in Class 3 Proceedings' 'fair and Reasonable Costs Order' 'unreasonable Conduct' 'question of Law in Costs Discretion' 'council Rates and Charges' 'water Availability and Sewerage Access Charges']

Case Brief

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Procedural Posture

Class 3 Application; Costs Motion Following Dismissal of Appeal Under S 574(1) of the Local Government Act 1993 (nsw) Against a Rates Notice for Water and Sewerage Services / Notice of Motion by the Respondent Seeking Costs After Dismissal of the Substantive Application

Legal Issues

  1. 1 ['Whether it was fair and reasonable under r 3.7 of the Land and Environment Court Rules 2007 (NSW) to depart from the presumptive rule that each party bears its own costs in Class 3 proceedings.' 'Whether Prefabricated Buildings Pty Ltd acted unreasonably in the conduct of the proceedings before 16 November 2016.' 'Whether the proceedings involved, as a central issue, a question of law that was determinative of the proceedings.' 'Whether any costs order should cover the whole proceedings or only part of the proceedings.']

Ratio Decidendi

Prefabricated did not act unreasonably before 16 November 2016: Mr Carter's commencement of proceedings in his own name was a mistake by an unrepresented litigant, and the amendment, refinement, unused material, and unsuccessful separate question application did not amount to unreasonable conduct. However, from 18 November 2016, when the Further Amended Application and Amended Statement of Facts and Contentions were filed and factual contentions were abandoned, the sole issue was a determinative question of statutory construction concerning ss 501 and 502 of the Local Government Act 1993 (NSW). Although the proceedings raised a complex, arguable issue with public interest aspects, r...

Court Disposition

Costs ordered in favour of the respondent from 18 November 2016 only.

Orders

  • ['The applicant, Prefabricated Buildings Pty Ltd, is to pay the costs of the respondent, Bathurst Regional Council, on and from 18 November 2016.']