Drake v Randwick City Council [2021] NSWLEC 98

Land and Environment Court New South Wales

Medium Neutral Citation: Drake v Randwick City Council [2021] NSWLEC 98 Hearing dates: On the papers Date of orders: 16 September 2021 Decision date: 16 September 2021 Jurisdiction: Class 4 Before: Moore J Decision: See orders at [35] Catchwords: COSTS - Applicant commences Class 4 proceedings seeking declaratory relief - proceedings concerned application of cl 4.1A of the Randwick Local Environmental Plan 2012 to nominated development proposal plans - Applicant subsequently amends relief - amended relief seeks abstract judicial advice concerning cl 4.1A - not appropriate to give judicial advice sought – related Class 1 proceedings based on cl 4.1A fail because design merit proceedings fail - Class 4 proceedings dismissed - no reason to depart from presumption that costs follow the event - Applicant to pay Respondent's costs of Class 4 proceedings - Applicant to pay Respondent's costs of Class 4 costs consideration Legislation Cited: Civil Procedure Act 2005, s 98 Land and Environment Court Act 1979, ss 56A and 57 Randwick Local Environmental Plan 2012, cl 4.1A Uniform Civil Procedure Rules 2005 Cases Cited: Albert Square NSW Pty Ltd v Randwick City Council [2021] NSWLEC 1401 Drake v Randwick City Council [2021] NSWLEC 97 Kelly v Randwick City Council; Drake v Randwick City Council [2021] NSWLEC 68 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Category: Costs Parties: Lea Ellen Cecilia 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)