Wollongong City Council v Phillips [2019] NSWLEC 64

Land and Environment Court New South Wales

Medium Neutral Citation: Wollongong City Council v Phillips [2019] NSWLEC 64 Hearing dates: 17 June 2019 Date of orders: 20 June 2019 Decision date: 20 June 2019 Jurisdiction: Class 4 Before: Moore J Decision: (1) Pursuant to s 98(4)(c) of the Civil Procedure Act 2005, the Respondents are jointly and severally liable to pay to the Council the costs of these proceedings (including the costs of the costs hearing) in the gross sum of $6,000; and (2) The exhibits are returned. Catchwords: COSTS - Class 4 proceedings - consent orders - outcome achieved by the Applicant by the consent orders substantially in accordance with that sought in the initiating Summons - costs follow the event absent disentitling conduct - no disentitling conduct - costs order appropriate - consideration of whether gross sum order appropriate - gross sum order appropriate - costs ordered in gross sum of $6,000. Legislation Cited: Civil Procedure Act 2005, s 98 Uniform Civil Procedure Rules 2005, Pt 40 r 42.1 Cases Cited: Grant v Kiama Municipal Council [2006] NSWLEC 70 Latoudis v Casey (1990) 170 CLR 534 Sze Tu v Lowe (No 2) [2015] NSWCA 91 Category: Costs Parties: Wollongong City Council (Applicant) Vanessa Phillips (First Respondent) Matthew Bailey (Second Respondent) Representation: Solicitors: Wollongong City Council (Applicant) Ms V Bailey (In person) Mr M Bailey (In person) File Number(s): 366176 of 20180 Publication restriction: No