Woollahra Municipal Council v Cameron (No 2) [2024] NSWLEC 66

Woollahra Municipal Council v Cameron (No 2) [2024] NSWLEC 66

The third respondent should pay an equal share of the applicant’s costs because he actively defended the proceedings up until two business days before hearing, thereby increasing length and costs, and because costs orders may be apportioned where just in the circumstances; equally, the first and second respondents, as beneficiaries of the impugned certificate, are liable for the remaining share.

Jurisdiction
Australia
Judgment Date
02 July 2024
Procedural Posture
Class 4 Judicial Review (costs Determination) / Post Judgment Costs Determination
Outcome
First and second respondents and third respondent to each pay one-third of applicant’s costs; all respondents to bear their own costs of the costs proceedings.
Legal Topics
['costs' 'apportionment of Costs' 'submitting Appearance' 'discretionary Costs Orders']
['administrative Law' 'planning and Environment Law' 'civil Procedure'] ['costs' 'apportionment of Costs' 'submitting Appearance' 'discretionary Costs Orders']

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Procedural Posture

Class 4 Judicial Review (costs Determination) / Post Judgment Costs Determination

Legal Issues

  1. 1 ["Whether the third respondent (certifier) should bear a portion of the applicant's costs" 'Whether the third respondent actively defended the proceedings and thereby increased costs' 'How costs should be apportioned among multiple respondents']

Ratio Decidendi

The third respondent should pay an equal share of the applicant’s costs because he actively defended the proceedings up until two business days before hearing, thereby increasing length and costs, and because costs orders may be apportioned where just in the circumstances; equally, the first and second respondents, as beneficiaries of the impugned certificate, are liable for the remaining share.

Court Disposition

First and second respondents and third respondent to each pay one-third of applicant’s costs; all respondents to bear their own costs of the costs proceedings.

Orders

  • ["The first and second respondents, and the third respondent, in equal shares, pay the applicant's costs, as agreed or assessed." 'The first and second respondents, and the third respondent, pay their costs of the costs proceedings, as agreed or assessed.']