Urbis JHD v Pittwater Council [2004] NSWLEC 397

Urbis JHD v Pittwater Council [2004] NSWLEC 397

It was reasonable for the applicant to commence the proceedings after the time for appeal on deemed refusal had expired, and reasonable to discontinue after receiving the Statement of Issues and becoming fully appraised of the council's intended arguments, including significant new matters; in those circumstances it was not fair and reasonable to order the applicant to pay the respondent's costs.

Jurisdiction
Australia
Judgment Date
22 June 2004
Procedural Posture
Class 1 Development Application Proceedings / Respondent's Notice of Motion for Costs Following the Applicant's Filing of a Notice of Discontinuance
Outcome
Notice of motion dismissed; no order as to costs.
Legal Topics
['discontinuance' 'class 1 Proceedings' 'development Application Refusal' 'statement of Issues']
['costs' 'planning and Environment'] ['discontinuance' 'class 1 Proceedings' 'development Application Refusal' 'statement of Issues']

Case Brief

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Procedural Posture

Class 1 Development Application Proceedings / Respondent's Notice of Motion for Costs Following the Applicant's Filing of a Notice of Discontinuance

Legal Issues

  1. 1 ["Whether the applicant should pay the respondent's costs of and incidental to the proceedings following the applicant's Notice of Discontinuance." 'Whether making a costs order in the class 1 proceedings was fair and reasonable in the circumstances.']

Ratio Decidendi

It was reasonable for the applicant to commence the proceedings after the time for appeal on deemed refusal had expired, and reasonable to discontinue after receiving the Statement of Issues and becoming fully appraised of the council's intended arguments, including significant new matters; in those circumstances it was not fair and reasonable to order the applicant to pay the respondent's costs.

Court Disposition

Notice of motion dismissed; no order as to costs.

Orders

  • ['No order as to costs.' 'The notice of motion is dismissed.' 'The parties pay their own costs in relation to the notice of motion.']