Radray Constructions Pty Limited v Hornsby Shire Council [2007] NSWLEC 132
It was not fair and reasonable to depart from the usual presumption regarding costs; the Applicant's conduct was not unreasonable and each party should bear its own costs. The Respondent's Notice of Motion is dismissed and the Applicant is entitled to costs of the motion.
- Jurisdiction
- Australia
- Judgment Date
- 09 March 2007
- Procedural Posture
- Class 1 Appeal / Notice of Motion for Costs Following Determination of Substantive Appeal
- Outcome
- Notice of Motion for costs dismissed; costs awarded to Applicant for hearing on costs
- Legal Topics
- ['costs in Class 1 Appeals' 'fair and Reasonable Test for Costs Orders' 'development Applications' 'riparian Zone']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Class 1 Appeal / Notice of Motion for Costs Following Determination of Substantive Appeal
Legal Issues
- 1 ['Whether it is fair and reasonable to make a costs order against an unsuccessful Applicant in a Class 1 appeal']
Ratio Decidendi
It was not fair and reasonable to depart from the usual presumption regarding costs; the Applicant's conduct was not unreasonable and each party should bear its own costs. The Respondent's Notice of Motion is dismissed and the Applicant is entitled to costs of the motion.
Court Disposition
Notice of Motion for costs dismissed; costs awarded to Applicant for hearing on costs
Orders
- ["The Respondent's Notice of Motion dated 14 February 2007 is dismissed." "The Respondent is to pay the Applicant's costs of the hearing on costs on 9 March 2007."]
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