ULV PTY LTD v SCOTT [NO 2] [1991] NSWCA 270

ULV PTY LTD v SCOTT [NO 2] [1991] NSWCA 270

There were no sufficient special circumstances to depart from the ordinary rule in class 4 litigation that the unsuccessful party pays costs; thus, the applicants below must pay the costs of the respondents below for the substantive hearing.

Parties
Appellant: ULV Pty Ltd; First Respondent: Scott; Second Respondent: Council (Second Respondent)
Jurisdiction
Australia
Judgment Date
11 July 1991
Procedural Posture
Civil Appeal / Post Appeal, Costs Determination
Outcome
Appeal allowed; earlier orders varied to make proper provision for costs in accordance with ordinary rule.
Legal Topics
Costs, Appeals, Land and Environment Court Procedure
Civil Procedure Costs Appeals Land and Environment Court Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

ULV Pty Ltd

Appellant

Scott

First Respondent

Council (Second Respondent)

Second Respondent

Procedural Posture

Civil Appeal / Post Appeal, Costs Determination

Legal Issues

  1. 1 Whether the ordinary rule for awarding costs in class 4 Land and Environment Court litigation should be departed from in this instance
  2. 2 Correct costs orders for proceedings at first instance

Ratio Decidendi

There were no sufficient special circumstances to depart from the ordinary rule in class 4 litigation that the unsuccessful party pays costs; thus, the applicants below must pay the costs of the respondents below for the substantive hearing.

Court Disposition

Appeal allowed; earlier orders varied to make proper provision for costs in accordance with ordinary rule.

Orders

  • Appeal allowed.
  • Declaration and O.2, O.3 and O.5 made by Bignold J set aside.