Shoalhaven City Council v Dickson & Ors [1988] NSWLEC 13

Shoalhaven City Council v Dickson & Ors [1988] NSWLEC 13

No order for costs should be made because, on the affidavit material and subsequent events, the Applicant would likely not have obtained the principal mandatory injunction or prohibitory injunctions. The Applicant later granted development consent for the two new dwellings and for upgrading the existing building, the Respondents' housing plight was acute, and the matter was ultimately resolved without Court intervention.

Jurisdiction
Australia
Judgment Date
26 August 1988
Procedural Posture
Class 4 Proceedings Seeking Injunctive Relief Concerning Building Work on Land / Application for Costs After the Proceedings Were Dismissed by Consent
Outcome
No order for costs; each party to bear its own costs.
Legal Topics
['class 4 Proceedings' 'unauthorised Building Work' 'development Consent' 'injunctive Relief' 'costs After Consent Dismissal']
['planning and Environment' 'costs'] ['class 4 Proceedings' 'unauthorised Building Work' 'development Consent' 'injunctive Relief' 'costs After Consent Dismissal']

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Procedural Posture

Class 4 Proceedings Seeking Injunctive Relief Concerning Building Work on Land / Application for Costs After the Proceedings Were Dismissed by Consent

Legal Issues

  1. 1 ['Whether the Applicant should receive an order for costs against the Respondents after the class 4 proceedings were dismissed by consent.' 'Whether, for costs purposes, the Applicant would have succeeded in obtaining mandatory or prohibitory injunctive relief.']

Ratio Decidendi

No order for costs should be made because, on the affidavit material and subsequent events, the Applicant would likely not have obtained the principal mandatory injunction or prohibitory injunctions. The Applicant later granted development consent for the two new dwellings and for upgrading the existing building, the Respondents' housing plight was acute, and the matter was ultimately resolved without Court intervention.

Court Disposition

No order for costs; each party to bear its own costs.

Orders

  • ['Each party is to bear its own costs.']