ORC fails to get appeal cost award

An Environment Court judge has declined the Otago Regional Council's application for costs to be awarded to the council after a legal challenge from a Dunedin marine engineering company last year.

Ferrum Engineering applied to the Environment Court last year for a declaration that the proposed change of designation for the Otago Regional Council's new office block on the southeastern side of the Steamer Basin, in Dunedin, was unlawful, but lost the case after a hearing in Dunedin in December.

Alternate Environment Court judge David Sheppard, of Auckland, this month released his decision on costs, after the ORC applied for Ferrum to pay $4282 in costs and $2677 in witness expenses.

There was no question that Ferrum's application was genuinely brought and, although it was unsuccessful, it did not result in entitlement to costs, he said.

The application was presented economically and did not require others to incur unnecessary expense. As the requiring authority, the regional council should bear its own costs in responding to Ferrum's challenge.

No order for costs was made.

 

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