The council refused to release an exact figure for legal fees incurred while it fought to undo its August 2005 approval, however it is believed to be hundreds of thousands of dollars.

In July last year the council revealed it had spent $319,420 challenging the Quattro consent in court - that figure could only have risen in the intervening months.

The development application was one of those at the centre of last year's Independent Commission Against Corruption (ICAC) hearings into Wollongong City Council.

Mr Vellar's lover, town planner Beth Morgan, engineered the approval of the $100 million commercial and residential building, even though it exceeded almost every development guideline in Wollongong.

The court set aside the council's development approval for Quattro earlier this month, effectively leaving the development application (DA) undecided.

The application is on the agenda for tomorrow night's council meeting and the recommendation is for the DA to be formally rejected.

The council's general manager, David Farmer, said the court's decision was an important outcome as it allowed the council to assess the development proposal through the correct and proper process.

"The matter is now before the council and it is not appropriate for further comment before the council formally addresses the matter on Tuesday night," Mr Farmer added.

Although costs have already been awarded in the council's favour, exactly how much Mr Vellar will have to pay has yet to be decided.

The council's lawyers must negotiate a figure with Mr Vellar's legal team before going back to court.

If the parties cannot agree on an amount before the next court date, the court will decide how much Mr Vellar has to pay.

The $8.8 million site bounded by Flinders, Campbell and Keira streets is still owned by Sebvell, Mr Vellar's company.