Wollongong City Council v Kudrynski (No 2) [2013] NSWLEC 55

Wollongong City Council v Kudrynski (No 2) [2013] NSWLEC 55

The successful party (Council) was entitled to costs as there was no disentitling conduct, and nothing exceptional warranted a different approach. The respondents' arguments did not provide a basis to depart from the usual rule that costs follow the event.

Parties
Applicant: Wollongong City Council; First Respondent: Julius Kudrynski; Second Respondent: Alicia Kudrynski
Jurisdiction
Australia
Judgment Date
03 May 2013
Procedural Posture
Class 4 / Costs Determination After Substantive Judgment
Outcome
Respondents ordered to pay the applicant's costs on a party-party basis, as agreed or assessed. All exhibits may be returned.
Legal Topics
Costs in Class 4 Proceedings, Enforcement Orders, Party Party Costs
Environmental Law Civil Procedure Costs in Class 4 Proceedings Enforcement Orders Party Party Costs

Case Brief

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Parties

Wollongong City Council

Applicant

Julius Kudrynski

First Respondent

Alicia Kudrynski

Second Respondent

Procedural Posture

Class 4 / Costs Determination After Substantive Judgment

Legal Issues

  1. 1 Whether the respondents should pay the applicant's costs in class 4 proceedings
  2. 2 Whether any disentitling conduct or exceptional circumstance exists justifying a different costs order

Ratio Decidendi

The successful party (Council) was entitled to costs as there was no disentitling conduct, and nothing exceptional warranted a different approach. The respondents' arguments did not provide a basis to depart from the usual rule that costs follow the event.

Court Disposition

Respondents ordered to pay the applicant's costs on a party-party basis, as agreed or assessed. All exhibits may be returned.

Orders

  • The respondents are ordered to pay the Council's costs, on a party-party basis, as agreed or assessed.
  • All exhibits may now be returned.