Botany Bay City Council v Farnworth Holdings Pty Limited

[2004] NSWCA 157

NSW Court of Appeal

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Interrogate

Catchwords

1. Local Government
2. › Development applications
3. › Development Control Plans
4. › Variation of development standards
5. › Whether Commissioner properly applied clause permitting variation in exceptional circumstances
6. › Land and Environment Court Act 1979 (NSW), s 56A
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Calderbank offer
5. › Rejection of pre-trial offer
6. › Whether intrinsic lack of merit in appeal justified indemnity costs
1. Administrative Law
2. › Reasons for decision
3. › Adequacy of reasons
4. › Whether commissioners have less onerous duty to give reasons than judges

Quick Take

Commissioners of the Land and Environment Court do not have a less onerous duty to give reasons than judges. Indemnity costs may be awarded where a Calderbank offer is rejected and the appeal intrinsically lacks merit, with both factors supporting the order.

Case Details

Citation[2004] NSWCA 157

CourtNSWCA

JurisdictionNew South Wales

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