Palmer v MacDonnell Shire Council

[2011] NTCA 4

Palmer & Anor v MacDonnell Shire Council [2011] NTCA 4

PARTIES:  PALMER, Tony Francis

AND

ELLIS, Marie Elana

v

MACDONNELL SHIRE COUNCIL

TITLE OF COURT:  COURT OF APPEAL OF THE NORTHERN TERRITORY

JURISDICTION:  CIVIL APPEAL FROM THE SUPREME COURT EXERCISING TERRITORY JURISDICTION

FILE NO:AP9 of 2010 (20913798)

DELIVERED:  9 June 2011

JUDGMENT OF:  RILEY CJ, BLOKLAND & BARR JJ

APPEALED FROM:  MILDREN J

REPRESENTATION:

Counsel:

First & Second Applicants:          D Bennett QC, P McIntyre & A Tokley

Respondent:  A Wyvill SC, T Anderson

Solicitors:

Appellant:Midena Lawyers

Respondent:  Povey Stirk

Judgment category classification:    C

Judgment ID Number:  Ril1106

Number of pages:  2

IN THE COURT OF APPEAL
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN

Palmer & Anor v MacDonnell Shire Council [2011] NTCA 4

No. AP9 of 2010 (20913798)

BETWEEN:

TONY FRANCIS PALMER

First Appellant

AND

MARIE ELANA ELLIS
Second Appellant

AND:

MACDONNELL SHIRE COUNCIL

Respondent

CORAM:     RILEY CJ, BLOKLAND AND BARR JJ

REASONS FOR JUDGMENT

(Delivered 9 June 2011)

The Court:

1. On 20 April 2011 this Court dismissed the application for leave to appeal the judgment of a single Judge.  The respondent seeks an order that the unsuccessful applicants pay the respondent’s costs of the appeal.  The application for costs is opposed by the applicants, who submit that the question of costs should be reserved.

2. We have received and considered the written submissions of the parties.

3. Costs ordinarily follow the event.  Notwithstanding the submissions of the applicants we see no reason why the respondent should not be awarded its costs of successfully opposing the application for leave to appeal.

4. However, we consider that the order for costs should be stayed pending judgment in proceeding 135 of 2009, or until further order of this Court.

5. There will be an order that the unsuccessful applicants pay the costs of the respondent in relation to the application for leave to appeal, such costs to be taxed if not agreed.  Enforcement of the order for costs will be stayed pending the judgment in proceeding 135 of 2009, or until further order of this Court.

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