Halstead & Anor v Wingecarribee Shire Council [2007] NSWLEC 346

Halstead & Anor v Wingecarribee Shire Council [2007] NSWLEC 346

The Court found that, notwithstanding the Council’s procedural defaults (which were remedied by specific costs orders already), the overall conduct of the Council was not so unreasonable as to make it fair and reasonable to depart from the general rule against costs in class 1 proceedings. An additional costs order was not warranted.

Parties
First Applicant: Clynton Halstead; Second Applicant: Margret Fong; Respondent: Wingecarribee Shire Council
Jurisdiction
Australia
Judgment Date
05 June 2007
Procedural Posture
Class 1 Proceedings (notice of Motion for Costs) / Judgment on Costs Application After Final Development Appeal Determined
Outcome
Notice of motion for costs dismissed; no order as to costs on the motion; each party to pay its own costs.
Legal Topics
Costs in Merit Appeals, Development Application Appeals, Deemed Refusal, Court Procedures for Costs Orders
Environmental Law Planning Law Civil Procedure Costs in Merit Appeals Development Application Appeals Deemed Refusal Court Procedures for Costs Orders

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Parties

Clynton Halstead

First Applicant

Margret Fong

Second Applicant

Wingecarribee Shire Council

Respondent

Procedural Posture

Class 1 Proceedings (notice of Motion for Costs) / Judgment on Costs Application After Final Development Appeal Determined

Legal Issues

  1. 1 Whether the Council’s conduct was unreasonable enough to warrant a costs order against it despite general rule against costs in class 1 proceedings
  2. 2 Application of Pt 16 r 4(2) Land and Environment Court Rules: whether it would be fair and reasonable to order costs

Ratio Decidendi

The Court found that, notwithstanding the Council’s procedural defaults (which were remedied by specific costs orders already), the overall conduct of the Council was not so unreasonable as to make it fair and reasonable to depart from the general rule against costs in class 1 proceedings. An additional costs order was not warranted.

Court Disposition

Notice of motion for costs dismissed; no order as to costs on the motion; each party to pay its own costs.

Orders

  • The notice of motion filed 20 April 2007 is dismissed.
  • Each party shall pay its own costs of the notice of motion.