Tunwish Pty Ltd v Port Stephens Council [2009] NSWLEC 1213

Tunwish Pty Ltd v Port Stephens Council [2009] NSWLEC 1213

It is fair and reasonable for the applicant to pay the respondent's costs thrown away as a result of filing the amended application, but not fair and reasonable for the applicant to pay the respondent's costs of the Notice of Motion, as the applicant acted reasonably and both parties should bear their own costs.

Parties
Applicant: Tunwish Pty Ltd; Respondent: Port Stephens Council
Jurisdiction
Australia
Judgment Date
26 February 2009
Procedural Posture
Costs Application / Post Amendment, Interlocutory
Outcome
Application granted in part; applicant to pay respondent's costs thrown away due to amendment; each party to pay their own costs for Notice of Motion.
Legal Topics
Costs, Amended Application, Court Discretion
Civil Procedure Costs Amended Application Court Discretion

Case Brief

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Parties

Tunwish Pty Ltd

Applicant

Port Stephens Council

Respondent

Procedural Posture

Costs Application / Post Amendment, Interlocutory

Legal Issues

  1. 1 Whether the applicant should pay the respondent's costs thrown away due to the amended application
  2. 2 Whether the applicant should pay the respondent's costs of the Notice of Motion filed by the applicant

Ratio Decidendi

It is fair and reasonable for the applicant to pay the respondent's costs thrown away as a result of filing the amended application, but not fair and reasonable for the applicant to pay the respondent's costs of the Notice of Motion, as the applicant acted reasonably and both parties should bear their own costs.

Court Disposition

Application granted in part; applicant to pay respondent's costs thrown away due to amendment; each party to pay their own costs for Notice of Motion.

Orders

  • That the applicant pay the respondent's costs thrown away by reason of the amendment made on 22 January 2009.
  • That each party pay their own costs of the Notice of Motion filed 24 December 2008.