WIELAND v NEWCASTLE CITY COUNCIL & ANOR [2008] NSWDC 4

Reported Decision : 6 DCLR (NSW) 277

New South Wales District Court

CITATION: WIELAND v NEWCASTLE CITY COUNCIL & ANOR [2008] NSWDC 4

HEARING DATE(S): 31 January 2008 EX TEMPORE JUDGMENT DATE : 5 February 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1.The consent orders entered against the first defendant Newcastle City Council on 12 February 2007 are amended to vary paragraph 2 to read The first defendant to pay one half of the plaintiffs' costs of the proceedings, including the costs of the mediation conducted before Acting Judge McGrowdie in January 2007 as agreed or assessed. DECISION: 2.The consent orders entered against the second defendant H P Planning Service Pty Ltd on 12 February 2007 are varied to amend paragraph 2 as follows The second defendant to pay one half of the plaintiffs' costs of the proceedings, including the costs of the mediation before Acting Judge McGrowdie in January 2007 up to and including 8 February 2007 and thereafter all of the plaintiff's costs as agreed or assessed. 3.The defendants are to pay the plaintiffs' costs of the motion. 4.The exhibits will be retained for 28 days.

CATCHWORDS: Jurisdiction-power of court to interpret consent orders - costs of mediation - public policy

Civil Procedure Act 2005 LEGISLATION CITED: Federal Court of Australia Act 1976 Supreme Court Act 1973

Darling Downs Investments Pty Ltd v Ellwood (1988) 80 ALR 203 CASES CITED: Innovative Agricultural Products P/L v Richard Crawshaw [1996] 758 FCA Mead v Allianz Australia Insurance Ltd [2007] NSWSC 500 Roberts v Gippsland Agriculture and Earthmoving Contracting Company P/L (1956) VLR 555