White v Lachlan Shire Council (No 2)

The plaintiff, White, brought proceedings against Lachlan Shire Council, seeking relief from the council's actions. The case was before the court for the assessment of additional costs incurred by the council due to the plaintiff's actions, including an abandoned notice of motion. The primary legal issue before the court was whether the plaintiff should bear the costs incurred by the council as a result of the plaintiff's actions. Specifically, the court had to determine if the plaintiff should be liable for the costs of an interlocutory listing and an abandoned notice of motion seeking summary judgment.

The court held that the plaintiff should be liable for the costs incurred by the council due to the plaintiff's actions. The court found that the plaintiff's notice of motion was bound to fail, and the costs associated with it were considered wasted. The court also noted that the plaintiff's actions contributed to the costs incurred by the council at the interlocutory listing. The court assessed the costs in the sum of $5500 for the interlocutory listing and $3500 for the abandoned notice of motion. The court deferred the question of whether the plaintiff should be indemnified by any person for these costs until the final judgments on the liability and quantum issues are delivered.

In summary, the court ordered the plaintiff to pay the council's costs incurred as a result of the plaintiff's actions. The plaintiff was ordered to pay $5500 for the interlocutory listing and $3500 for the abandoned notice of motion. The court also deferred the question of indemnification until the final judgments on the liability and quantum issues are delivered. The court made procedural orders and directions for the further conduct of the proceedings in accordance with the minutes filed in court on 9 June 2017.