Waverley Council v Bobolas [2012] NSWLEC 245

Waverley Council v Bobolas [2012] NSWLEC 245

As Respondents did not incur legal costs (pro bono appearance only once), and no evidence of disbursements exists, and as the proceedings needed finality, it is in all parties' interests to dismiss them with each party bearing its own costs.

Parties
Applicant: Waverley Council; First Respondent: Mary Bobolas; Second Respondent: Elena Bobolas; Third Respondent: Liana Bobolas
Jurisdiction
Australia
Judgment Date
21 September 2012
Procedural Posture
Class 4 / Determination of Costs on Remitter From Court of Appeal
Outcome
Application for adjournment dismissed. Proceedings dismissed on costs remitter; each party bear its own costs.
Legal Topics
Remitter on Costs, Application for Adjournment, No Costs Order, Self Representation, Pro Bono Representation
Costs Remitter on Costs Application for Adjournment No Costs Order Self Representation Pro Bono Representation

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Parties

Waverley Council

Applicant

Mary Bobolas

First Respondent

Elena Bobolas

Second Respondent

Liana Bobolas

Third Respondent

Procedural Posture

Class 4 / Determination of Costs on Remitter From Court of Appeal

Legal Issues

  1. 1 Whether an adjournment of the costs proceedings should be granted to the Third Respondent
  2. 2 How costs should be determined following the remitter from the Court of Appeal, in circumstances where respondents had pro bono or no legal representation

Ratio Decidendi

As Respondents did not incur legal costs (pro bono appearance only once), and no evidence of disbursements exists, and as the proceedings needed finality, it is in all parties' interests to dismiss them with each party bearing its own costs.

Court Disposition

Application for adjournment dismissed. Proceedings dismissed on costs remitter; each party bear its own costs.

Orders

  • The application for adjournment by the Third Respondent, Ms Liana Bobolas, is dismissed.
  • The remitter from the Court of Appeal on the question of costs of the Land and Environment Court proceedings is determined on the basis that proceedings are dismissed and each party bear its own costs.