Steinert v Pittwater Council & Anor [2002] NSWLEC 149

Steinert v Pittwater Council & Anor [2002] NSWLEC 149

The motion for costs cannot be determined until the applicant indicates its intention regarding proceedings against the council; the motion is adjourned part heard to allow for such indication.

Jurisdiction
Australia
Judgment Date
16 July 2002
Procedural Posture
Notice of Motion for Costs in Planning Proceedings / Adjournment of Motion Part Heard; Interlocutory
Outcome
Motion for costs adjourned part heard; directions given to applicant; costs question reserved.
Legal Topics
['costs' 'discontinuance' 'adjournment']
['planning and Environment'] ['costs' 'discontinuance' 'adjournment']

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Procedural Posture

Notice of Motion for Costs in Planning Proceedings / Adjournment of Motion Part Heard; Interlocutory

Legal Issues

  1. 1 ['Whether the council is entitled to costs when proceedings have not yet been discontinued' 'Whether the notice of motion for costs is premature']

Ratio Decidendi

The motion for costs cannot be determined until the applicant indicates its intention regarding proceedings against the council; the motion is adjourned part heard to allow for such indication.

Court Disposition

Motion for costs adjourned part heard; directions given to applicant; costs question reserved.

Orders

  • ['The notice of motion dated 12 March 2002 be adjourned part heard.' 'Applicant to indicate to the council within 21 days whether it intends to proceed with any claim against the council.' 'Parties at liberty to approach the Registrar for continuation of the hearing of this motion after one month from this date...