Wilson on behalf of Gurrungar Environment Group v Bourke Shire Council and Ors [2001] NSWLEC 200

Wilson on behalf of Gurrungar Environment Group v Bourke Shire Council and Ors [2001] NSWLEC 200

Exceptional circumstances justifying an award of costs in planning appeals were not established; costs motions in contentious procedural circumstances, and debates over legal aid and cost entitlement, do not amount to exceptional circumstances. Each party should bear their own costs.

Jurisdiction
Australia
Judgment Date
31 August 2001
Procedural Posture
Class 1 Planning Appeal / Post Adjournment, Costs Determination
Outcome
Applicant's claim for costs dismissed; no order as to costs.
Legal Topics
['costs' 'planning Appeals' 'legal Aid' 'practice Direction' 'exceptional Circumstances']
['administrative Law' 'environmental Law' 'civil Procedure'] ['costs' 'planning Appeals' 'legal Aid' 'practice Direction' 'exceptional Circumstances']

Case Brief

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Procedural Posture

Class 1 Planning Appeal / Post Adjournment, Costs Determination

Legal Issues

  1. 1 ['Whether exceptional circumstances exist to justify an award of costs in a class 1 planning appeal' 'Whether the conduct of the second and third respondents in pursuing the costs motion constituted exceptional circumstances']

Ratio Decidendi

Exceptional circumstances justifying an award of costs in planning appeals were not established; costs motions in contentious procedural circumstances, and debates over legal aid and cost entitlement, do not amount to exceptional circumstances. Each party should bear their own costs.

Court Disposition

Applicant's claim for costs dismissed; no order as to costs.

Orders

  • ["Applicant's claim for costs incurred in connection with the notice of motion of the second and third respondents filed 15 December 2000 and subsequently withdrawn is dismissed." 'The exhibit may be returned.']