Warriewood Vale Pty Ltd v Northern Beaches Council (No 3) [2017] NSWLEC 22

Warriewood Vale Pty Ltd v Northern Beaches Council (No 3) [2017] NSWLEC 22

It was fair and reasonable to order the Intervenors to pay the Applicant's costs of the Notice of Motion because the Court had dismissed the motion on the basis that it lacked power to make the orders sought to vacate the Applicant's Class 1 appeal hearing dates, the circumstances were similar to r 3.7(3)(f)(i), and the rights and entitlements of intervenors are limited to what the Court determines when intervention is permitted rather than equivalent to the rights of parties.

Jurisdiction
Australia
Judgment Date
08 March 2017
Procedural Posture
Class 1 Proceedings in the Land and Environment Court of New South Wales / Costs Determination Following Dismissal of the Intervenors' Notice of Motion Filed 16 February 2017
Outcome
The Applicant was awarded its costs of the Notice of Motion filed 16 February 2017 against the Intervenors.
Legal Topics
['costs in Class 1 Proceedings' 'costs Against Intervenors' 'notice of Motion to Vacate Hearing Dates' 'fair and Reasonable Costs Orders']
['costs' 'land and Environment Court Procedure'] ['costs in Class 1 Proceedings' 'costs Against Intervenors' 'notice of Motion to Vacate Hearing Dates' 'fair and Reasonable Costs Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Proceedings in the Land and Environment Court of New South Wales / Costs Determination Following Dismissal of the Intervenors' Notice of Motion Filed 16 February 2017

Legal Issues

  1. 1 ["Whether it was fair and reasonable under r 3.7 of the Land and Environment Court Rules 2007 (NSW) to order the Intervenors to pay the Applicant's costs of the Notice of Motion filed 16 February 2017." 'Whether the Court had power under s 98(1) of the Civil Procedure Act 2005 (NSW) to make a costs order against intervenors who were not parties to the proceedings.']

Ratio Decidendi

It was fair and reasonable to order the Intervenors to pay the Applicant's costs of the Notice of Motion because the Court had dismissed the motion on the basis that it lacked power to make the orders sought to vacate the Applicant's Class 1 appeal hearing dates, the circumstances were similar to r 3.7(3)(f)(i), and the rights and entitlements of intervenors are limited to what the Court determines when intervention is permitted rather than equivalent to the rights of parties.

Court Disposition

The Applicant was awarded its costs of the Notice of Motion filed 16 February 2017 against the Intervenors.

Orders

  • ["The Intervenors must pay the Applicant's costs of the Notice of Motion filed 16 February 2017."]