Planning and Environment Court

Spry v Brisbane City Council (No 2) [2017] QPEC 021 (16/3109) Kefford DCJ 10 April 2017

Full-text: QPEC17-021.pdf


PLANNING AND ENVIRONMENT – PRACTICE AND PROCEDURE - Costs – Where the appellant abandoned four of its five grounds of appeal during final submissions – where the appellant did not succeed on the remaining grounds of appeal - Whether the appellant should be ordered to pay the co-respondent’s costs of an appeal – Whether the abandonment of the grounds of appeal constituted a “surrender” – Whether a costs order should be made when there was no final determination of the merits of each of the grounds of appeal – Whether the appellant had reasonable prospects of success – Whether the grounds of appeal were unmeritorious – Whether there was disentitling conduct by the co-respondent