31 Mar 2015
TOWN PLANNING BOARD v. ORIENTAL GENERATION LTD
- Citation
- TOWN PLANNING BOARD v. ORIENTAL GENERATION LTD
- Court
- Court of Appeal
- Case number
- CACV127/2012
The court exercised its discretion to award OGL 75% of the costs in both appeals with a certificate for three counsel and costs of the variation application because (a) the consent consolidation did not obligate a single full‑cost award, (b) substantial costs were incurred on issues on which OGL failed, and (c) apportionment to avoid double taxation was best achieved by a 75% award; and the Board's application for leave to appeal to the Court of Final Appeal was dismissed because the questions advanced were either not argued or decided below, were case‑specific rather than of great general or…
- Judicial review of planning decisions
- Leave to appeal (great public importance)
- Costs allocation and apportionment
- Procedural fairness/audi alteram partem