Hall v Ku-ring-gai Council [2009] NSWSC 370

New South Wales Supreme Court

CITATION : Hall v Ku-ring-gai Council [2009] NSWSC 370

HEARING DATE(S) : 06/04/2009

JUDGMENT DATE : 13 May 2009

JUDGMENT OF : Hoeben J

I grant leave to the plaintiff under Uniform Civil Procedure Rule 12.1(1)(b) to file a Notice of Discontinuance in respect of these proceedings. I direct that the plaintiff file such a Notice of Discontinuance within seven (7) days. DECISION : I order the defendant to pay the plaintiff's costs of the proceedings up to and including 1 December 2008 as agreed or assessed. I order the plaintiff to pay the defendant's costs of the proceedings and of the motion incurred between 2 December 2008 and 2 April 2009 as agreed or assessed. In respect of the period 3 April 2009 up to and including the hearing of the motion before me on 6 April, I order that each party pay his or its own costs.

CATCHWORDS : PROCEDURE - costs - proceedings by councillor to set aside findings of conduct committee and resolutions of council - subsequent rescission by council of resolutions - plaintiff files motion purporting to seek leave to discontinue proceedings - whether rescission resolutions by council amounted to substantial success by plaintiff in proceedings - whether plaintiff entitled to costs order - adjustment of costs orders having regard to conduct of parties.

LEGISLATION CITED : Local Government Act 1993 Uniform Civil Procedure Rules

CATEGORY : Principal judgment

Australiawide Airlines Limited v Aspiron Pty Limited [2006] NSWCA 365 Bitannia Pty Limited v Parkline Constructions Pty Limited [2009] NSWCA 32 CASES CITED : Champagne View Pty Limited v Shearwater Resort Management Pty Limited [2000] VSC 214 at [101] Prodomos Anastasi Foukkare v Angreb Pty Limited [2006] NSWCA 335 Garwolin Nominees Pty Limited v Statewide Building Society [1984] VR 469