Gales Holdings Pty Limited v Tweed Shire Council (No 2)

The appeal and cross-appeal concerned the costs orders made by the primary judge in proceedings between Gales Holdings Pty Limited (Gales) and Tweed Shire Council (the Council). The appeal and cross-appeal were both partially successful.

The court was required to determine whether the costs orders of the first instance proceedings should be altered, given the partial success of both the appeal and the cross-appeal.

The court allowed the appeal in part, varying an earlier order by substituting a different date. It also allowed the cross-appeal in part, setting aside two earlier orders. Gales was ordered to repay $600,000 to the Council, with interest. The court ordered that the Council pay 40 per cent of Gales' costs of the appeal and cross-appeal.