Zaymill Pty Ltd and Maksim Holdings Pty Ltd v Ryde City Council [2009] NSWLEC 142

Zaymill Pty Ltd and Maksim Holdings Pty Ltd v Ryde City Council [2009] NSWLEC 142

The council was not under an obligation to confirm commencement nor did its conduct prior to proceedings justify a costs order; the applicant managed its own risk, and the council should not be required to pay costs.

Parties
Applicant: Zaymill Pty Limited; Applicant: Maksim Holdings Pty Limited; Respondent: Ryde City Council
Jurisdiction
Australia
Judgment Date
14 August 2009
Procedural Posture
Class 4 Proceedings / Application for Costs Following Declaration
Outcome
application for costs dismissed
Legal Topics
Development Consent, Commencement, Costs Order
Planning Law Development Consent Commencement Costs Order

Case Brief

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Parties

Zaymill Pty Limited

Applicant

Maksim Holdings Pty Limited

Applicant

Ryde City Council

Respondent

Procedural Posture

Class 4 Proceedings / Application for Costs Following Declaration

Legal Issues

  1. 1 Whether Ryde City Council should be ordered to pay the applicant's costs after the applicant obtained a declaration that development consent had not lapsed

Ratio Decidendi

The council was not under an obligation to confirm commencement nor did its conduct prior to proceedings justify a costs order; the applicant managed its own risk, and the council should not be required to pay costs.

Court Disposition

application for costs dismissed

Orders

  • The applicant's costs application is dismissed.