Sutherland Shire Council v Obradovic [2001] NSWLEC 69

Sutherland Shire Council v Obradovic [2001] NSWLEC 69

Because the litigation arose out of poor communication and misunderstandings between parties, and to ensure fairness, it is appropriate to make no order as to costs despite the council's technical success.

Jurisdiction
Australia
Judgment Date
14 March 2001
Procedural Posture
Class 4 Proceedings / Costs Determination After Substantive Judgment
Outcome
No order as to costs. Each party to bear its own costs. Both notices of motion dismissed.
Legal Topics
['costs' 'orders Under Local Government Act' 'litigation Procedure']
['local Government Law' 'civil Procedure'] ['costs' 'orders Under Local Government Act' 'litigation Procedure']

Case Brief

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Procedural Posture

Class 4 Proceedings / Costs Determination After Substantive Judgment

Legal Issues

  1. 1 ['Whether costs should be awarded to either party in circumstances of poor communication and cultural misunderstanding' 'Whether ordinary rule that costs follow the event should be departed from']

Ratio Decidendi

Because the litigation arose out of poor communication and misunderstandings between parties, and to ensure fairness, it is appropriate to make no order as to costs despite the council's technical success.

Court Disposition

No order as to costs. Each party to bear its own costs. Both notices of motion dismissed.

Orders

  • ["Council's notice of motion for costs dismissed." "Respondent's (Mr Obradovic's) notice of motion for costs dismissed as concerns prayer 2." 'All exhibits may be returned.']