Blues Point Hotel Property Pty Ltd v North Sydney Council (No 2) [2021] NSWLEC 79

Land and Environment Court New South Wales

Medium Neutral Citation: Blues Point Hotel Property Pty Ltd v North Sydney Council (No 2) [2021] NSWLEC 79 Hearing dates: 25 June 2021 Date of orders: 22 July 2021 Decision date: 22 July 2021 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraphs 23 and 24 Catchwords: COSTS – discretion to award costs pursuant to r 42.1 of the Uniform Civil Procedure Rules – whether costs should be apportioned – applicant successful on first of three issues for determination – first issue for determination not clearly discrete issue in proceedings – usual order made Legislation Cited: Uniform Civil Procedure Rules 2005 Environmental Planning and Assessment Act 1979 Cases Cited: Blues Point Hotel Property Pty Ltd v North Sydney Council [2021] NSWLEC 27 Cretazzo v Lombardi (1975) 13 SASR 4 Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 F & D Bonaccorso Pty Ltd v City of Canada Bay Council (No 5) [2008] NSWLEC 235 Hughes v Western Australian Cricket Association Inc (1986) ATPR 40-748 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Category: Costs Parties: Blues Point Hotel Property Pty Ltd (First Applicant) Blues Point Hotel Property No. 2 Pty Ltd (Second Applicant) North Sydney Council (Respondent) Representation: Counsel: A Pickles SC (First and Second Applicants) J P Merlino, solicitor (Respondent)