Prestige Building Services Pty Ltd v Coffs Harbour City Council and Anor [2006] NSWLEC 72

Prestige Building Services Pty Ltd v Coffs Harbour City Council and Anor [2006] NSWLEC 72

It is fair and reasonable to make the proposed costs orders, as the applicant's amendment did not fully address fundamental concerns and caused unnecessary expense; the respondent's delay in agreeing to amendment resulted in the applicant incurring unnecessary costs. The orders as formulated, with amendment to allow for costs as agreed or assessed, reflect the fair and reasonable allocation of costs.

Parties
Applicant: Prestige Building Services Pty Ltd; First Respondent: Coffs Harbour City Council; Second Respondent: Department of Infrastructure, Planning and Natural Resources
Jurisdiction
Australia
Judgment Date
21 February 2006
Procedural Posture
Planning Appeal / Costs Determination
Outcome
Costs determined
Legal Topics
Costs in Planning Appeals, Amendment of Plans, Reasonableness of Costs Orders
Planning and Environment Law Costs in Planning Appeals Amendment of Plans Reasonableness of Costs Orders

Case Brief

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Parties

Prestige Building Services Pty Ltd

Applicant

Coffs Harbour City Council

First Respondent

Department of Infrastructure, Planning and Natural Resources

Second Respondent

Procedural Posture

Planning Appeal / Costs Determination

Legal Issues

  1. 1 Whether costs orders should be made against the applicant and/or respondents
  2. 2 Whether amendments to the application justified costs incurred
  3. 3 Whether delay by respondent justified awarding costs to applicant

Ratio Decidendi

It is fair and reasonable to make the proposed costs orders, as the applicant's amendment did not fully address fundamental concerns and caused unnecessary expense; the respondent's delay in agreeing to amendment resulted in the applicant incurring unnecessary costs. The orders as formulated, with amendment to allow for costs as agreed or assessed, reflect the fair and reasonable allocation of costs.

Court Disposition

Costs determined

Orders

  • The applicant pay the first respondent's costs for the amended plans served on 8 December 2004, incurred for assessment and further report, and associated legal costs, but not administration costs.
  • Each party pay its own costs for the notice of motion of 6 December 2004.