Piety Developments Pty Ltd v Cumberland City Council (No 2) [2023] NSWSC 774

Supreme Court New South Wales

Medium Neutral Citation: Piety Developments Pty Ltd v Cumberland City Council (No 2) [2023] NSWSC 774 Hearing dates: On the papers, final submission received 5 June 2023 Date of orders: 5 July 2023 Decision date: 05 July 2023 Jurisdiction: Equity - Expedition List Before: Parker J Decision: See [21] Catchwords: COSTS – party/party – costs of claims for declaratory relief by way of cross-claim – where separate hearing of claims for declaratory relief – where claims for declaratory failed – whether order for costs of those claims should be made now or be costs in the cause - where plaintiff's claims yet to be determined and defendant intends to advance other defences Legislation Cited: Nil Cases Cited: Piety Developments Pty Ltd v Cumberland City Council [2023] NSWSC 480

Texts Cited: Nil Category: Costs Parties: Piety Developments Pty Ltd (Plaintiff/Cross-Defendant) Cumberland City Council (Defendant/Cross-Claimant) Representation: Solicitor: Darby Jones Lawyers (Plaintiff/Cross-Defendant) Clyde & Co (Defendant/Cross-Claimant) File Number(s): 2022/38975 Publication restriction: Nil

JUDGMENT 1. This judgment deals with a costs application which follows a judgment which I delivered in May: Piety Developments Pty Ltd v Cumberland City Council [2023] NSWSC 480. This judgment assumes familiarity with that judgment, paragraphs of which I will refer to as "J1". 2. My May judgment arose out of a separate hearing of the defendant's claims for declaratory relief in its Cross-Summons. I dismissed those claims. The plaintiff seeks an order that the defendant pay its costs of the Cross-Summons on the ordinary basis as agreed or assessed. The defendant seeks an order that the costs of the separate determination of the claims for relief in the Cross-Summons be costs in the cause.