Bobolas v Waverley Council [2022] NSWLEC 35

Bobolas v Waverley Council [2022] NSWLEC 35

Because the Applicants' summons in Bobolas v Waverley Council (No 3) [2021] NSWLEC 63 was dismissed and the Applicants were unsuccessful on their claims, the usual Class 4 rule that costs follow the event applied. The later practical fact that the Applicants completed the clean-up and the Council did not enter the premises did not arise from the determination of the legal issues and was not relevant to costs. The Applicants identified no basis for varying the usual costs order, so Ms Elena Bobolas and Mrs Mary Bobolas were ordered to pay the Council's costs as agreed or assessed.

Jurisdiction
Australia
Judgment Date
31 March 2022
Procedural Posture
Class 4 Costs Application / Notice of Motion Dated 21 June 2021 by the Respondent Council Seeking Costs After the Applicants' Summons Was Dismissed
Outcome
Costs ordered for the Respondent Council against Ms Elena Bobolas and Mrs Mary Bobolas.
Legal Topics
['costs Follow the Event' 'discretion to Award Costs' 'local Government Act Waste Removal Order' 'entry Onto Premises to Carry Out Work']
['costs' 'civil Procedure' 'local Government'] ['costs Follow the Event' 'discretion to Award Costs' 'local Government Act Waste Removal Order' 'entry Onto Premises to Carry Out Work']

Case Brief

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Procedural Posture

Class 4 Costs Application / Notice of Motion Dated 21 June 2021 by the Respondent Council Seeking Costs After the Applicants' Summons Was Dismissed

Legal Issues

  1. 1 ["Whether the Respondent Council should recover its costs after dismissal of the Applicants' summons" 'Whether the Applicants identified any disentitling conduct or other basis to depart from the usual costs order' 'Whether any costs order should be made against Ms Elena Bobolas and Mrs Mary Bobolas']

Ratio Decidendi

Because the Applicants' summons in Bobolas v Waverley Council (No 3) [2021] NSWLEC 63 was dismissed and the Applicants were unsuccessful on their claims, the usual Class 4 rule that costs follow the event applied. The later practical fact that the Applicants completed the clean-up and the Council did not enter the premises did not arise from the determination of the legal issues and was not relevant to costs. The Applicants identified no basis for varying the usual costs order, so Ms Elena Bobolas and Mrs Mary Bobolas were ordered to pay the Council's costs as agreed or assessed.

Court Disposition

Costs ordered for the Respondent Council against Ms Elena Bobolas and Mrs Mary Bobolas.

Orders

  • ['Ms Elena Bobolas and Mrs Mary Bobolas must pay the costs of the Respondent Council in the proceedings, as agreed or assessed.']