COSTS – Class 1 strata subdivision appeal – strata subdivision appeal contingent on successful outcome in Class 1 dual occupancy (attached) development appeal – development appeal unsuccessful – strata subdivision appeal necessarily dismissed as a consequence – Respondent applies for costs of day of strata subdivision appeal addressing jurisdictional issues – no determination of jurisdictional issues – inappropriate to conduct hypothetical determination of jurisdictional issues in strata subdivision appeal – no basis to award Respondent costs for jurisdictional hearing day.

 

Drake v Randwick City Council [2021] NSWLEC 97 (16 September 2021)