Elbaf v Kayellou

Land and Environment Court New South Wales Medium Neutral Citation: Elbaf v Kayellou [2015] NSWLEC 81 Hearing dates:15 October 2014Date of orders: 20 May 2015 Decision date: 20 May 2015 Jurisdiction:Class 4Before: Sheahan J Decision: (1) The costs order made by Beech-Jones AJ on 16 June 2014 is confirmed, on a party-party basis.(2) The Council is ordered to pay the Elbafs’ costs of their summons on a party-party basis, as agreed or assessed.(3) The Council is ordered to pay the Elbafs’ and Kayellou’s costs of the costs hearing before me on 15 October 2014, on a party-party basis, as agreed or assessed.(4) All exhibits, Court and Evidence books are returned. Catchwords: COSTS – class 4 proceedings discontinued – circumstances in which the usual costs order that the discontinuing party pay the costs of the proceedings should not be made – “supervening event” – whether there was an “effective surrender” – unreasonable conduct – indemnity costs. Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Local Government Act 1993 Uniform Civil Procedure Rules 2005 Cases Cited: Australiawide Airlines Pty Ltd v Aspiricon Pty Ltd [2006] NSWCA 365 Elbaf v Campbelltown City Council [2014] NSWLEC 1074 F Hannan Pty Ltd v Electricity Commission of NSW (No 3) (1985) 66 LGRA 306 Hypec Electronics Pty Ltd (In liq) v Mead [2004] NSWSC 731; 61 NSWLR 169 Kiama Council v Grant [2006] NSWLEC 96; 143 LGERA 441 Latoudis v Casey [1990] HCA 59; 170 CLR 534 Mead v Watson as Liquidator...