Wollondilly Shire Council v 820 Cawdor Road Pty Ltd & Anor (No 2) [2012] NSWLEC 183

Wollondilly Shire Council v 820 Cawdor Road Pty Ltd & Anor (No 2) [2012] NSWLEC 183

In the circumstances, the respondents were successful in the primary litigation and it was reasonable for them to run all defences pursued; nothing exceptional justified apportioning costs or making indemnity orders. The applicant must pay the respondents’ costs of the proceedings and the motions for costs.

Jurisdiction
Australia
Judgment Date
07 August 2012
Procedural Posture
Class 4 / Costs Judgment Following Dismissal of Principal Proceeding
Outcome
Applicant's motions for costs dismissed. Applicant to pay respondents' costs.
Legal Topics
['costs' 'discretion in Costs Awards' 'unlawful Occupation' 'residential Tenancy']
['civil Procedure' 'planning and Environment Law'] ['costs' 'discretion in Costs Awards' 'unlawful Occupation' 'residential Tenancy']

Case Brief

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Procedural Posture

Class 4 / Costs Judgment Following Dismissal of Principal Proceeding

Legal Issues

  1. 1 ['Whether costs should be apportioned between parties in light of partial success and unsuccessful defences' 'Appropriate basis for costs disposition in Class 4 matters after judgment where respondents succeed on key issues but not all']

Ratio Decidendi

In the circumstances, the respondents were successful in the primary litigation and it was reasonable for them to run all defences pursued; nothing exceptional justified apportioning costs or making indemnity orders. The applicant must pay the respondents’ costs of the proceedings and the motions for costs.

Court Disposition

Applicant's motions for costs dismissed. Applicant to pay respondents' costs.

Orders

  • ["The applicant's Notice of Motion for costs is dismissed." "The applicant must pay the respondents' costs of the proceedings." 'The applicant must pay the costs of the motions for costs.' "Exhibit 'A' returned."]