Land and Environment Court
New South Wales
Medium Neutral Citation: Walker v Siasat [2014] NSWLEC 86 Hearing dates: 18 June 2014 Decision date: 26 June 2014 Jurisdiction: Class 4 Before: Pain J Decision: 1. Each party is to pay its own costs of these proceedings.
2. Costs of the hearing on costs on 18 June 2014 are reserved.
3. Exhibits may be returned.
Catchwords: COSTS - dismissed judicial review proceedings challenging grant of development consent - whether discontinuing applicant successful party sufficient to justify costs in his favour - whether respondents acted unreasonably - whether local council should have filed submitting appearance Legislation Cited: Environmental Planning and Assessment Act 1979 s 96, s 101
Uniform Civil Procedure Rules 2005 r 42.19, r 42.20, Pt 59Cases Cited: Capital Airport Group Pty Ltd v Director-General of the NSW Department of Planning (No 2) [2011] NSWLEC 83
Cutcliffe v Lithgow City Council [2006] NSWLEC 463; (2006) 147 LGERA 330
Glaser v Poole (No 2) [2010] NSWLEC 232
Kiama Council v Grant [2006] NSWLEC 96; (2006) 143 LGERA 441
Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72
Ralph Lauren 57 Pty Ltd v Byron Shire Council [2014] NSWCA 107; (2014) 199 LGERA 424
R v Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13
Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622Category: Costs Parties: Walker, Stephen (Applicant)
Siasat, Frederick Joseph (First Respondent)
Siasat, Tennielle (Second Respondent)
Kiama Municipal Council (Third Respondent)Representation: Mr I Hemmings SC with Mr S Nash (Applicant)
Mr R White (First and Second Respondents)
Mr M Seymour (Third Respondent)
McPhee Kelshaw (Applicant)
Wilshire Webb Staunton Beattie Lawyers (First and Second Respondents)
RMB Lawyers (Third Respondent)
File Number(s): 40225 of 2013
Judgment
Exercise of Court's discretion to award costs
The Applicant, Mr Walker, commenced judicial review proceedings challenging the grant of development consent DA 10.2012.222 (the development consent) 1 by Kiama Municipal Council (the Council) to Mr and Mrs Siasat. The further amended summons sought a declaration that the development consent DA 10.2012.222.1 granted by the Third Respondent (the Council ) to the First and Second Respondents (Mr and Mrs Siasat) on 17 December 2012 is void, invalid and of no force or effect.
The matter proceeded to a two day hearing on 6 and 7 February 2013. On the second day of the hearing on 7 February 2013 the parties entered into consent orders in the following terms:
The Court orders by consent:
1. The First Respondent and the Second Respondent are to deliver to the Third Respondent (copied to the Applicant) a document which surrenders the development consent to DA No 10.2102.222.1 (as modified) under s 104A of the Environmental Planning and Assessment Act 1979, by 21 February 2014.
2. Costs reserved.
3. As a consequence of order (1), the proceedings are otherwise dismissed.
4. Order (1) made by the Court on 29 July 2013 is vacated…
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- AGLC
- Walker v Siasat [2014] NSWLEC 86
- Case
- [2014] NSWLEC 86
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the defendant was bound by the contract to purchase the shares. The court had to determine the existence of a binding contract, the terms of the agreement, and whether there was a breach. Additionally, the court needed to consider the appropriate remedy, if any, for the breach.
The court examined the evidence and concluded that there was indeed a contract between the parties, but it found that the defendant had not breached the agreement. The court held that while the plaintiff had demonstrated that a contract existed, the defendant had met all the obligations under the contract. Consequently, the plaintiff's claim for breach of contract was dismissed. As for the costs, the court ruled that each party would bear their own costs for the proceedings, reserving the costs of the hearing on costs for a later determination.
Orders
Orders of the court
1. Each party is to pay its own costs of these proceedings.
2. Costs of the hearing on costs on 18 June 2014 are reserved.
3. Exhibits may be returned.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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