Queanbeyan City Council v Ross Drake [2006] NSWLEC 210

Queanbeyan City Council v Ross Drake [2006] NSWLEC 210

The Respondent's removal of all unregistered vehicles and waste materials after proceedings commenced satisfied the Council's claim within Part 15 r 7, and there was no disentitling conduct by the Council. Alternatively, the removal was a supervening event within the Lai Qin and Kiama principles, but the Council had acted reasonably and was almost certain to have succeeded given the provisions of the Queanbeyan City Council Local Environmental Plan 1998 and the evidence of 22 unregistered vehicles and waste material on the premises. The discretion under s 69(2) of the Land and Environment Court Act 1979 was therefore exercised to award the Council its costs.

Jurisdiction
Australia
Judgment Date
27 April 2006
Procedural Posture
Class 4 Proceedings to Enforce a S 121 B Order Under the Environmental Planning and Assessment Act 1979 / Costs Application After Removal of Vehicles and Waste Made a Substantive Hearing Unnecessary
Outcome
Costs awarded in favour of the Council.
Legal Topics
['enforcement of S 121 B Order' 'costs Where No Substantive Hearing Occurred' 'supervening Event or Settlement' "satisfaction of Applicant's Claim After Proceedings Commenced" 'unregistered Vehicles and Waste Materials on Residential Property']
['environmental Planning and Assessment' 'land and Environment Court Procedure' 'costs'] ['enforcement of S 121 B Order' 'costs Where No Substantive Hearing Occurred' 'supervening Event or Settlement' "satisfaction of Applicant's Claim After Proceedings Commenced" 'unregistered Vehicles and Waste Materials on Residential Property']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 Proceedings to Enforce a S 121 B Order Under the Environmental Planning and Assessment Act 1979 / Costs Application After Removal of Vehicles and Waste Made a Substantive Hearing Unnecessary

Legal Issues

  1. 1 ['Whether costs should be awarded to the Council where no substantive hearing occurred because the Respondent removed the vehicles and waste materials after proceedings commenced.' "Whether Part 15 Rule 7 of the Land and Environment Court Rules 1996 applied because the Respondent satisfied the Council's claim after proceedings commenced." 'Whether, applying Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin and Kiama Council v Grant, the Council acted reasonably and was almost certain to have succeeded if the matter had been fully tried.']

Ratio Decidendi

The Respondent's removal of all unregistered vehicles and waste materials after proceedings commenced satisfied the Council's claim within Part 15 r 7, and there was no disentitling conduct by the Council. Alternatively, the removal was a supervening event within the Lai Qin and Kiama principles, but the Council had acted reasonably and was almost certain to have succeeded given the provisions of the Queanbeyan City Council Local Environmental Plan 1998 and the evidence of 22 unregistered vehicles and waste material on the premises. The discretion under s 69(2) of the Land and Environment Court Act 1979 was therefore exercised to award the Council its costs.

Court Disposition

Costs awarded in favour of the Council.

Orders

  • ["The Respondent pay the Council's costs of these proceedings and including the hearing on costs."]