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2 Phillip Rise Pty Ltd v Kempsey Shire Council (No 2)

2 Phillip Rise Pty Ltd v Kempsey Shire Council (No 2)

Case [2023] NSWLEC 56

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AGLC: 2 Phillip Rise Pty Ltd v Kempsey Shire Council (No 2) [2023] NSWLEC 56
Case: [2023] NSWLEC 56
Decision Date: 30 May 2023

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Orders

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See orders at [14]

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Citations

2 Phillip Rise Pty Ltd v Kempsey Shire Council (No 2) [2023] NSWLEC 56

Cases Citing This Decision

Cases Cited

Statutory Material Cited

Sze Tu v Lowe (No 2) [2015] NSWCA 91
Citation 1 (Para 10)

…in comparatively short compass. Conventionally, in appeals pursuant to s 56A of the Court Act, costs “follow the event”. In Sze Tu v Lowe (No 2) [2015] NSWCA 91, Gleeson JA (Meagher and Barrett JJA concurring) wrote, at [39]:…
Ferguson v Hyndman [2006] NSWSC 538
Citation 2

…which party would have succeeded without undertaking the inappropriate exercise of a hypothetical trial: Ferguson v Hyndman [2006] NSWSC 538. 6 For these reasons, in exercising its discretion, the Court should order the Respondent to pay the Appellant’s costs of the stay application proceedings.…
NBIF v Minister for Immigration [2006] FMCA 182
Citation 3 (Para 134)

…t be exercised judicially having regard to the circumstances of the case: Civil Procedure Act 2005 (NSW), s98(1)(a); Oshlack v Richmond River Council (1998) 193 CLR 72 at [134]. 3 Despite the Court’s broad discretion, the usual rule is that costs follow the event unless it appears that some other costs order should…
Oshlack v Richmond River Council [1998] HCA 11
Citation 4

…costs order. That discretion must be exercised judicially having regard to the circumstances of the case: Civil Procedure Act 2005 (NSW), s98(1)(a); Oshlack v Richmond River Council (1998) 193 CLR 72 at [134]. 3 Despite the Court’s broad discretion, the usual rule is that costs follow the event unless it appears that some other costs or…
Re Minister For Immigration and Ethnic Affairs; ex parte Lai Qin [1997] HCA 6
Citation 5

…y has acted unreasonably in bringing or defending the proceedings: Re The Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 at 624. 4 The undertaking by agreement reached between the parties was in no way a capitulation by the Appellant who acted at all times to assist the Court, better…
2 Phillip Rise Pty Ltd v Kempsey Shire Council [2023] NSWLEC 28
Citation 6 (Para 1)

…tiated by the Council arising out of my principal decision, familiarity with my principal decision ( 2 Phillip Rise Pty Ltd v Kempsey Shire Council [2023] NSWLEC 28) is assumed.…

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