Costs – further evidence that the rules do not require change

In the two recent cases of Allen & Anor v Cairns Regional Council & Anor No. 3¹ and Ferreyra & Ors v Brisbane City Council, ² the Planning and Environment Court has demonstrated a reluctance to order costs in the context of declaratory proceedings against parties with non-commercial interests in the result.

The decisions show that, while the Court does have the discretion to make orders for costs,³ it will not ordinarily do so unless it is satisfied that a party has acted unreasonably or for an improper purpose.

POWER TO AWARD COSTS

The power to award costs is found in section 457(1) of the Sustainable Planning Act 2009. Section 457(2) contains a nonexhaustive list of factors the Court may consider in deciding whether or not to exercise the discretion.