Maxwell and anor v Warringah Council and anor (No 3) [2004] NSWLEC 638

Maxwell and anor v Warringah Council and anor (No 3) [2004] NSWLEC 638

The applicants are permitted to amend their application. They must pay the respondents' actual costs thrown away by the amendments, with individual elements to be agreed or assessed, and also pay the costs of and associated with today's hearing on an agreed or assessed basis. Orders for future costs or security for costs were not granted.

Jurisdiction
Australia
Judgment Date
02 November 2004
Procedural Posture
Application / Application for Amendment and Costs Orders
Outcome
Amendment permitted; costs orders proposed subject to Chief Judge’s concurrence.
Legal Topics
['amendment of Application' 'costs Orders']
['environmental Law' 'civil Procedure'] ['amendment of Application' 'costs Orders']

Case Brief

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Procedural Posture

Application / Application for Amendment and Costs Orders

Legal Issues

  1. 1 ['Whether to permit substantial late amendments to an existing application' 'Basis for awarding costs thrown away by reason of the amendments' 'Appropriateness of ordering future costs or security for costs' 'Responsibility for costs of current hearing']

Ratio Decidendi

The applicants are permitted to amend their application. They must pay the respondents' actual costs thrown away by the amendments, with individual elements to be agreed or assessed, and also pay the costs of and associated with today's hearing on an agreed or assessed basis. Orders for future costs or security for costs were not granted.

Court Disposition

Amendment permitted; costs orders proposed subject to Chief Judge’s concurrence.

Orders

  • ["Applicants to pay respondents' actual costs thrown away by reason of amendments, components to be as agreed or assessed." "Applicants to pay costs of and associated with today's hearing on an as agreed or assessed basis." 'Applicants to file and serve properly scaled plan by specified date.' 'Respondents to file...