Statewide Planning Pty Ltd v Penrith City Council (No 3) [2018] NSWLEC 109

Statewide Planning Pty Ltd v Penrith City Council (No 3) [2018] NSWLEC 109

Applicant's conduct, including provision of inadequate and inconsistent material, repeated amendments, and delays, went beyond what is reasonably expected in Class 1 appeals; Council is entitled to costs as compensation, not punishment, and the offered sum is insufficient. Accordingly, Applicant must pay Council's costs of the proceedings and the costs motion.

Jurisdiction
Australia
Judgment Date
27 July 2018
Procedural Posture
Class 1 Appeal / Post Final Orders; Notice of Motion on Costs
Outcome
Council's Notice of Motion for costs upheld. Orders granted as sought.
Legal Topics
['costs in Class 1 Proceedings' 'amended Development Applications' 'party Party Costs' 'section 97 B of EPA Act']
['planning and Development' 'costs'] ['costs in Class 1 Proceedings' 'amended Development Applications' 'party Party Costs' 'section 97 B of EPA Act']

Case Brief

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Procedural Posture

Class 1 Appeal / Post Final Orders; Notice of Motion on Costs

Legal Issues

  1. 1 ['Whether it is fair and reasonable to depart from the usual order that each party pay its own costs in Class 1 proceedings' 'Whether the applicant should pay costs thrown away due to amendments' "Whether costs orders under s97B EPA Act compensate sufficiently for council's costs" "Whether applicant's conduct justifies an award of costs to council"]

Ratio Decidendi

Applicant's conduct, including provision of inadequate and inconsistent material, repeated amendments, and delays, went beyond what is reasonably expected in Class 1 appeals; Council is entitled to costs as compensation, not punishment, and the offered sum is insufficient. Accordingly, Applicant must pay Council's costs of the proceedings and the costs motion.

Court Disposition

Council's Notice of Motion for costs upheld. Orders granted as sought.

Orders

  • ['Leave granted to Respondent to file Notice of Motion out of time.' "Applicant ordered to pay Respondent's costs thrown away as a result of amending development application on 19 December 2016, pursuant to s97B EPA Act, as agreed or assessed." "Applicant ordered to pay Respondent's costs of proceedings on...