Drake v Randwick City Council [2021] NSWLEC 97

Land and Environment Court New South Wales

Medium Neutral Citation: Drake v Randwick City Council [2021] NSWLEC 97 Hearing dates: On the papers Date of orders: 16 September 2021 Decision date: 16 September 2021 Jurisdiction: Class 1 Before: Moore J Decision: See orders at [33] Catchwords: COSTS - Class 1 strata subdivision appeal - strata subdivision appeal contingent on successful outcome in Class 1 dual occupancy (attached) development appeal - development appeal unsuccessful - strata subdivision appeal necessarily dismissed as a consequence - Respondent applies for costs of day of strata subdivision appeal addressing jurisdictional issues - no determination of jurisdictional issues - inappropriate to conduct hypothetical determination of jurisdictional issues in strata subdivision appeal - no basis to award Respondent costs for jurisdictional hearing day. COSTS - costs of costs applications in Class 1 ordinarily follow the event - no basis to depart from that principle - Respondent pay Applicant's costs of Class 1 costs application Legislation Cited: Civil Procedure Act 2005, s 98 Land and Environment Court Rules 2007, r 3.7 Randwick Local Environmental Plan 2012, cl 4.1A Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Albert Square NSW Pty Ltd v Randwick City Council [2021] NSWLEC 1401 Drake v Randwick City Council [2021] NSWLEC 98 Grant v Kiama Municipal Council [2006] NSWLEC 70 Kelly v Randwick City Council; Drake v Randwick City Council [2021] NSWLEC 68 Port Stephens Council v Sansom (2007) 156 LGERA 125; [2007] NSWCA 299 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Category: Costs Parties: Lea Drake (Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr P Tomasetti SC (Applicant) (Respondent on costs application) Mr M Astill, barrister (Respondent) (Applicant on costs application)