Costs of $3615 have been ordered against the developers of the failed Golfside Lake Wanaka Limited apartment complex in a decision by the Environment Court this week.
Golfside has been ordered to pay the Otago Regional Council (ORC) the costs, after a council application was made to the court registrar on October 22.
The Environment Court order from Judge Jon Jackson stated that the the ORC said it had incurred a total of $5,423.91 in costs.
An order was successfully sought from the regional council that Golfside contribute two-thirds of the amount .
An "abuse of process" has been listed as the determining factor in an Environment Court judge's decision to throw out a legal appeal by the Wanaka developer behind the controversial proposed apartment complex.
Judge Jackson struck out an appeal by Golfside - against a declined resource consent for their proposed apartment complex - at an Environment Court pre-hearing meeting held in Queenstown on October 9.
Golfside wanted to build a 19-unit residential development on two adjoining properties on Tenby and Dungarvon Sts, in Wanaka, but was declined resource consent in September last year, after the ORC cited concerns that the apartment complex could disrupt groundwater flows.
Costs were awarded because "in this instance" Golfside had abused Court process, "causing delay after delay which has wasted the time of the Court and the other parties and consequently produced unnecessary expense for the ORC," Judge Jackson said.
Golfside had made no attempt to respond to the ORC's application for costs, he said.
While there was some doubt about the company's financial viability, that was no reason to preclude the Court from making an order, the Judge concluded.
