3 Jul 2012
SOPER & ORS v MARLBOROUGH DISTRICT COUNCIL HC BLE CIV 2012-406-01
- Citation
- openlaw-33f31f36_49e6_4431_99b3_4b674b27afc2.pdf
- Court
- High Court
The High Court allowed the appeal, quashed the Environment Court's costs order because the Environment Court failed to take into account relevant considerations (notably Council record-keeping errors, the Council's prior agreement to bring the application, and that the Sopers had acted reasonably in pursuing a declaratory process); the appropriate award was one-third of the Cosgroves' actual reasonable Environment Court costs, and the Sopers were ordered to pay $4,450.