Shellharbour City Council v Dunmore Equestrian Centre Pty Limited and Anor [2009] NSWLEC 71

Shellharbour City Council v Dunmore Equestrian Centre Pty Limited and Anor [2009] NSWLEC 71

The Respondents had effectively surrendered to the Applicant's demands because the mediated final orders granted the practical relief sought by the Applicant, including a declaration of breach of the Environmental Planning and Assessment Act 1979 and extensive work orders. The Council was largely successful and there was no disentitling conduct, so costs should follow the event under UCPR r 42.1, with specified exclusions and joint and several liability.

Jurisdiction
Australia
Judgment Date
06 May 2009
Procedural Posture
Class 4 Proceedings / Notice of Motion Seeking Costs After Final Orders
Outcome
Costs awarded to the Applicant against the First and Second Respondents jointly and severally, subject to specified limitations.
Legal Topics
['costs Discretion' 'costs Follow the Event' 'surrender to Orders Sought' 'civil Enforcement Proceedings' 'unauthorized Land Clearing and Road Construction Works']
['environmental Planning Law' 'civil Procedure' 'costs'] ['costs Discretion' 'costs Follow the Event' 'surrender to Orders Sought' 'civil Enforcement Proceedings' 'unauthorized Land Clearing and Road Construction Works']

Case Brief

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Procedural Posture

Class 4 Proceedings / Notice of Motion Seeking Costs After Final Orders

Legal Issues

  1. 1 ['Whether the Applicant should be awarded its costs where the Respondents submitted to orders substantially granting the practical relief sought by the Applicant.' 'Whether any disentitling conduct or limitation justified departing from the usual costs order.' 'Whether costs should be joint and several against the First and Second Respondents.']

Ratio Decidendi

The Respondents had effectively surrendered to the Applicant's demands because the mediated final orders granted the practical relief sought by the Applicant, including a declaration of breach of the Environmental Planning and Assessment Act 1979 and extensive work orders. The Council was largely successful and there was no disentitling conduct, so costs should follow the event under UCPR r 42.1, with specified exclusions and joint and several liability.

Court Disposition

Costs awarded to the Applicant against the First and Second Respondents jointly and severally, subject to specified limitations.

Orders

  • ["The First and Second Respondents are to jointly and severally pay the Applicant's costs of the proceedings finalised on 27 August 2008 as agreed or assessed." 'The costs order excludes the costs associated with joinder of the Third Respondent DLM Certification Pty Ltd, including costs associated with amending,...