Harb v Wyong Shire Council [2005] NSWLEC 103

Harb v Wyong Shire Council [2005] NSWLEC 103

Although the Council's failure to disclose Development Control Plan 81 could have justified compensation for costs unreasonably incurred if the applicant had then conceded the application could not be approved, the applicant instead continued to press for approval despite the DCP. It was therefore inappropriate to award the applicant the whole of the proceedings costs, and the Commissioners' proposed costs orders were appropriate. The Council succeeded on today's application and it was fair and reasonable to award it costs fixed at $900 rather than the $1200 sought.

Jurisdiction
Australia
Judgment Date
25 January 2005
Procedural Posture
Costs / Ex Tempore Judgment on Whether to Concur With the Order for Costs Proposed by the Commissioners and on the Council's Costs of Today's Application
Outcome
The Court concurred in the Commissioners making their proposed costs orders and ordered the applicant to pay the Council's costs of today's application in the sum of $900.
Legal Topics
['costs Orders' 'development Control Plan 81' 'disclosure of Relevant Planning Control']
['costs' 'planning and Environment'] ['costs Orders' 'development Control Plan 81' 'disclosure of Relevant Planning Control']

Case Brief

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Procedural Posture

Costs / Ex Tempore Judgment on Whether to Concur With the Order for Costs Proposed by the Commissioners and on the Council's Costs of Today's Application

Legal Issues

  1. 1 ['Whether the Court should concur with the order for costs proposed by the Commissioners.' 'Whether the applicant should receive the whole of the costs of the proceedings after the Council failed to disclose Development Control Plan 81 until the hearing had commenced.' "Whether the Council should receive the costs of today's application and in what amount."]

Ratio Decidendi

Although the Council's failure to disclose Development Control Plan 81 could have justified compensation for costs unreasonably incurred if the applicant had then conceded the application could not be approved, the applicant instead continued to press for approval despite the DCP. It was therefore inappropriate to award the applicant the whole of the proceedings costs, and the Commissioners' proposed costs orders were appropriate. The Council succeeded on today's application and it was fair and reasonable to award it costs fixed at $900 rather than the $1200 sought.

Court Disposition

The Court concurred in the Commissioners making their proposed costs orders and ordered the applicant to pay the Council's costs of today's application in the sum of $900.

Orders

  • ['The Court concurs in the Commissioners making the proposed costs orders.' "The applicant is to pay the Council's costs in the sum of $900."]