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[2005] VCAT 1115
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2005-06-06
Original judgment source is linked above.
1 At the end of the hearing, Ms. Emmerson, for the applicant, raised the issue of costs. I indicated I would reserve my decision on that.
2 Having given the matter some thought I have arrived at a decision that costs should be borne by the parties as is the normal practice. My reason is that this matter is not as simple as portrayed by Ms. Emmerson. The council used s.62(3) of the to deal with amended plans. It made a decision that it would not amend, based on a misunderstanding of my reasons for my original decision. However, it had the right to decide not to amend. While this may have been an annoyance to the applicant, who is not the original permit holder, nevertheless it should be accepted that it could have come to that decision.
3 Under the circumstances I am not prepared to award costs.
Bonadio
Darebin CC [2005] VCAT 1115