Smith v Randwick City Council [No 2] [2001] NSWLEC 88

Smith v Randwick City Council [No 2] [2001] NSWLEC 88

The costs order was made under a misapprehension because no application for the costs of the appeal, as distinct from the motion, had been made by either party, and the council conceded that no exceptional circumstances existed to depart from the Practice Direction and that it had not intended to seek costs of the appeal. It was therefore appropriate to vary the costs order and make no order for costs of the applicants' class one appeal.

Jurisdiction
Australia
Judgment Date
24 May 2001
Procedural Posture
Class One Appeal and Notice of Motion Concerning Costs / Motion to Vary Costs Order Made on 27 April 2001
Outcome
Costs order varied; no order for costs of the applicants' class one appeal.
Legal Topics
['costs in Class 1 Appeals' 'practice Direction on Costs' 'variation of Costs Order' 'summary Judgment Motion']
['planning and Environment' 'civil Procedure'] ['costs in Class 1 Appeals' 'practice Direction on Costs' 'variation of Costs Order' 'summary Judgment Motion']

Case Brief

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Procedural Posture

Class One Appeal and Notice of Motion Concerning Costs / Motion to Vary Costs Order Made on 27 April 2001

Legal Issues

  1. 1 ['Whether the costs order made on 27 April 2001 should be varied.' 'Whether the Land and Environment Court Practice Direction 1993 applied to the appeal so that no order for costs should be made absent exceptional circumstances.' 'Whether exceptional circumstances existed to warrant departure from the Practice Direction in relation to the appeal.']

Ratio Decidendi

The costs order was made under a misapprehension because no application for the costs of the appeal, as distinct from the motion, had been made by either party, and the council conceded that no exceptional circumstances existed to depart from the Practice Direction and that it had not intended to seek costs of the appeal. It was therefore appropriate to vary the costs order and make no order for costs of the applicants' class one appeal.

Court Disposition

Costs order varied; no order for costs of the applicants' class one appeal.

Orders

  • ['The order for costs made on 27 April 2001 in favour of the respondent in respect of the hearing on the 18 April 2001 be vacated.' "There be no order for costs of the applicants' class one appeal."]