The Owners Strata Plan 62254 v Rockdale City Council [2009] NSWLEC 206

The Owners Strata Plan 62254 v Rockdale City Council [2009] NSWLEC 206

In the circumstances, where Council withdrew its order following significant foreshadowing of legal grounds by the applicant and absence of disentitling conduct, it is appropriate for Council to pay the applicant's costs.

Jurisdiction
Australia
Judgment Date
01 December 2009
Procedural Posture
Class 1 Appeal / Discontinuance by Consent, Costs Determination
Outcome
Application upheld; proceedings discontinued by consent; costs to applicant.
Legal Topics
['costs in Class 1 Proceedings' 'procedural Fairness' 'fire Safety Orders' 'discontinuance of Proceedings']
['environmental Law' 'administrative Law'] ['costs in Class 1 Proceedings' 'procedural Fairness' 'fire Safety Orders' 'discontinuance of Proceedings']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Appeal / Discontinuance by Consent, Costs Determination

Legal Issues

  1. 1 ["Whether the Council should pay the applicant's costs following discontinuance by consent" 'Whether procedural fairness requirements under s121H of the Environmental Planning and Assessment Act 1979 were satisfied' 'Whether attachment of a fire safety schedule under cl 168 of the Environmental Planning and Assessment Regulation 2000 was required']

Ratio Decidendi

In the circumstances, where Council withdrew its order following significant foreshadowing of legal grounds by the applicant and absence of disentitling conduct, it is appropriate for Council to pay the applicant's costs.

Court Disposition

Application upheld; proceedings discontinued by consent; costs to applicant.

Orders

  • ["The applicant's Notice of Motion dated 3 November 2009 is upheld." 'Leave is granted to the applicant to discontinue these proceedings, by consent.' "The respondent is ordered to pay the applicant's costs on a party-party basis, as assessed or agreed, including those incurred on this Notice of Motion."]