Ryan v Northern Regional Planning Panel (No 5) [2020] NSWLEC 101

Land and Environment Court New South Wales

Medium Neutral Citation: Ryan v Northern Regional Planning Panel (No 5) [2020] NSWLEC 101 Hearing dates: 27 July 2020 Decision date: 27 July 2020 Jurisdiction: Class 4 Before: Pain J Decision: See [46] of judgment Catchwords: COSTS – exercise of discretion to award costs where Applicant partially successful in judicial review and civil enforcement proceedings on one of three grounds – three interlocutory injunction applications unsuccessful – numerous amendments of summons resulting in removal of several grounds before the hearing Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Federal Court Rules 2011 (Cth) former O 62 r 15 (now FCR r 40.03) Heritage Act 1977 (NSW) Land and Environment Court Rules 2007 (NSW) r 4.2 National Parks and Wildlife Act 1974 (NSW) Uniform Civil Procedures Rules 2005 (NSW) Pt 42 (rr 42.1, 42.7) Cases Cited: Commonwealth of Australia v Gretton [2008] NSWCA 117 Latoudis v Casey (1990) 170 CLR 535; [1990] HCA 5918 Michael Ryan v Joint Regional Planning Panel [2019] NSWLEC 21 Michael Ryan v Northern Regional Planning Panel (No 3) [2019] NSWLEC 168 O'Keefe Nominees v BP Australia (1995) 55 FCR 591 Ryan v Northern Regional Planning Panel (No 4) [2020] NSWLEC 55 Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Turkmani v Visalingam (No 2) [2009] NSWCA 279 Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 Category: Costs Parties: Michael Ryan (Applicant) Northern Regional Planning Panel (First Respondent) Lismore City Council (Second Respondent) Winten (No 12) Pty Ltd (Third Respondent) W A Sexton (Fourth Respondent) Glorbill Pty Ltd (Fifth Respondent) Representation: COUNSEL: M Hall SC (Applicant) Submitting appearance (First Respondent) Submitting appearance (Second Respondent) J McKelvey (Third Respondent) Submitting appearance (Fourth Respondent) Submitting appearance (Fifth Respondent)