ARTICLE · 01 SEPTEMBER 2014

Planning and Environment Court awards costs against a commercial competitor

HopgoodGanim

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The broad costs discretion enables the Planning and Environment Court to make robust and practical decisions about costs.

AustraliaLitigation, Mediation & Arbitration

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The Planning and Environment Court's expanded costs power was introduced in November 2012. Since that time, we have released three alerts ( 22 November 2012, 16 September 2013, and 24 January 2014) examining decisions made under the costs provision in section 457 of the Sustainable Planning Act 2009 (SPA).

In the latest decision on costs, YFG Shopping Centres Pty Ltd v Brisbane City Council & Ors (No 2) [2014] QPEC 43, the Planning and Environment Court awarded costs to a developer who successfully defended an appeal instituted by a commercial competitor.

In this alert, Partner David Nicholls and Senior Associate Gemma Chadwick outline important aspects of the YFG decision.

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