COSTS — s 98 of the Civil Procedure Act 2005 (NSW) — r 42.1 of the Uniform Civil Procedure Rules 2005 (NSW) — applicant wholly successful in proceedings — usual order made
Quick Take
1Where a consent authority succeeds in Class 4 civil enforcement proceedings, the usual order that costs follow the event under r 42.1 UCPR applies, and the onus is on the unsuccessful party to establish a sufficient basis for departure from that order.
2A successful party's decision not to press certain issues at hearing does not disentitle it to costs where those issues were alternative pathways to the same conclusion rather than clearly dominant or separable matters.
3Alleged ambiguity in a development consent, the obtaining of independent professional advice before acting, and the filing of a notice of intention to appeal do not, without more, constitute sufficient grounds to depart from the usual costs order.
