Harb v Wyong Shire Council (No 2) [2004] NSWLEC 724

Harb v Wyong Shire Council (No 2) [2004] NSWLEC 724

The application for costs is allowed to the extent of the Council’s concession—that the Council is to pay the actual costs incurred by the applicant regarding the work on DCP 81 after its late disclosure, and the costs of the costs hearing, but not the entire costs of the proceedings because the proposal also failed...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 December 2004
Procedural Posture
Costs Application / Post Merits Judgment; Application for Costs
Outcome
Application for costs partially granted
Legal Topics
['costs' 'development Control Plans' 'procedural Fairness']
['planning and Environment Law' 'civil Procedure'] ['costs' 'development Control Plans' 'procedural Fairness']

Source-derived case record

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Procedural Posture

Costs Application / Post Merits Judgment; Application for Costs

Legal Issues

  1. 1 ['Whether the Council should pay the applicant’s costs due to failure to disclose DCP 81.' 'Extent to which Council’s omission affected the applicant’s case and entitlement to costs.' 'Proper division and scope of costs recoverable.']

Ratio Decidendi

The application for costs is allowed to the extent of the Council’s concession—that the Council is to pay the actual costs incurred by the applicant regarding the work on DCP 81 after its late disclosure, and the costs of the costs hearing, but not the entire costs of the proceedings because the proposal also failed for other reasons unrelated to DCP 81.

Court Disposition

Application for costs partially granted

Orders

  • ['Council to pay applicant’s actual costs incurred for work relating to DCP 81 after adjournment on 30 September, including clerical support costs.' 'Council to pay applicant’s costs of the costs application on agreed or assessed basis.' 'Parties have 14 days to make submissions to the Chief Judge regarding the...