Woollahra Municipal Council v Sahade (No 2) [2012] NSWLEC 275

Woollahra Municipal Council v Sahade (No 2) [2012] NSWLEC 275

As the Council was successful in proving the statutory breach and obtaining relief, and the unsuccessful contentions were not separate discrete issues, the usual order for costs applies; the respondent is to pay the applicant's costs.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 November 2012
Procedural Posture
Civil Enforcement Proceedings (class 4) / Costs Order Following Judgment
Outcome
Costs order: respondent to pay applicant's costs
Legal Topics
['costs' 'exempt Development' 'development Consent']
['planning Law' 'local Government Law'] ['costs' 'exempt Development' 'development Consent']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Civil Enforcement Proceedings (class 4) / Costs Order Following Judgment

Legal Issues

  1. 1 ['Whether the usual order for costs should be made in Class 4 civil enforcement proceedings where the successful party did not succeed on all contentions']

Ratio Decidendi

As the Council was successful in proving the statutory breach and obtaining relief, and the unsuccessful contentions were not separate discrete issues, the usual order for costs applies; the respondent is to pay the applicant's costs.

Court Disposition

Costs order: respondent to pay applicant's costs

Orders

  • ["The respondent is to pay the applicant's costs of the proceedings, including the costs of the motion for costs of the proceedings."]