Hansell & Ors v Local Land Board & Ors [2000] NSWSC 341

Hansell & Ors v Local Land Board & Ors [2000] NSWSC 341

The Local Land Board, in exercising its discretion as to costs, was entitled to be guided by a policy or guideline promoting consistency, provided it did not treat the guideline as binding or fetter its discretion. No error of law was demonstrated in its approach or decision; the plaintiffs did not establish that the Board’s costs order was made in error of law or in disregard of relevant considerations.

Jurisdiction
Australia
Judgment Date
20 April 2000
Procedural Posture
Appeal / Judgment on Appeal Against Local Land Board Decision on Costs
Outcome
Appeal dismissed
Legal Topics
['appeal on Costs' 'dividing Fence Disputes' 'exercise of Costs Discretion' 'application of Guidelines in Tribunals']
['administrative Law' 'common Law'] ['appeal on Costs' 'dividing Fence Disputes' 'exercise of Costs Discretion' 'application of Guidelines in Tribunals']

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

Appeal / Judgment on Appeal Against Local Land Board Decision on Costs

Legal Issues

  1. 1 ['Whether the Local Land Board erred in law in refusing to award costs to the plaintiffs' 'Whether the Board improperly fettered its discretion by applying a guideline as to costs' 'Whether the Board had due regard to all relevant circumstances in making its costs order']

Ratio Decidendi

The Local Land Board, in exercising its discretion as to costs, was entitled to be guided by a policy or guideline promoting consistency, provided it did not treat the guideline as binding or fetter its discretion. No error of law was demonstrated in its approach or decision; the plaintiffs did not establish that the Board’s costs order was made in error of law or in disregard of relevant considerations.

Court Disposition

Appeal dismissed

Orders

  • ['Summons dismissed' 'Plaintiffs to pay the costs of the Summons' 'Exhibit may be returned']