Signorelli Investments Pty Limited v Sutherland Shire Council [2003] NSWLEC 419

Signorelli Investments Pty Limited v Sutherland Shire Council [2003] NSWLEC 419

Neither party should be awarded costs as neither could demonstrate unreasonable conduct or clear entitlement based on success, and the evolution and conduct of the proceedings did not warrant a costs order in favour of either party.

Source-derived case information.

Parties
Applicant: Signorelli Investments Pty Limited; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
12 December 2003
Procedural Posture
Class 4 Proceedings / Costs Determination After Substantive Orders
Outcome
Each party to pay its own costs.
Legal Topics
Costs in Class 4 Proceedings, Validity of Place of Public Entertainment Licences, Reasonableness of Parties' Conduct
Administrative Law Planning and Environment Law Costs in Class 4 Proceedings Validity of Place of Public Entertainment Licences Reasonableness of Parties' Conduct

Source-derived case record

Summary, issues, holding and outcome

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Parties

Signorelli Investments Pty Limited

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Class 4 Proceedings / Costs Determination After Substantive Orders

Legal Issues

  1. 1 Whether either party should be awarded costs in respect of the proceedings relating to the 2001 and 2003 Place of Public Entertainment Licences
  2. 2 Whether either party acted unreasonably in the conduct of the proceedings justifying a costs order

Ratio Decidendi

Neither party should be awarded costs as neither could demonstrate unreasonable conduct or clear entitlement based on success, and the evolution and conduct of the proceedings did not warrant a costs order in favour of either party.

Court Disposition

Each party to pay its own costs.

Orders

  • Each party pay its own costs.
  • The exhibits are to be returned.