Dillon v Gosford City Council [2011] NSWCA 328

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dillon v Gosford City Council [2011] NSWCA 328 Hearing dates: 21 July 2011 Decision date: 26 October 2011 Before: Basten JA at 1; Macfarlan JA at 84; Handley AJA at 85 Decision: (1) Allow the appeal against the order for the costs of the second stage of the proceedings in the Land and Environment Court, but otherwise dismiss the appeal. (2) Set aside order (9) made in the Land and Environment Court on 16 September 2010 and in lieu thereof direct that each party bear their and its own costs of the proceedings not covered by other orders. (3) Order that the appellants pay two-thirds of the respondent's costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - challenge to costs order - appeal involving bona fide challenge to other orders in addition to costs order - whether leave required - whether existing practice of court in accordance with authority in other jurisdictions - Land and Environment Court Act 1979 (NSW), s 57(4)

COSTS - valuation proceedings - no presumption that costs follow the event - principle that claimant for compensation who has acted reasonably in commencing and maintaining proceedings recover costs