City of Ryde Council v Wood [2022] NSWLEC 1

Land and Environment Court New South Wales

Medium Neutral Citation: City of Ryde Council v Wood [2022] NSWLEC 1 Hearing dates: 2 December 2021 Date of orders: 21 February 2022 Decision date: 21 February 2022 Jurisdiction: Class 1 Before: Moore J Decision: See orders at [125] Catchwords: COSTS - dwelling built pursuant to complying development certificate - certifier made incorrect assumption of bushfire risk - complying development certificate invalid - civil enforcement proceedings by Council against certifier and owner of the dwelling - submitting appearance by certifier save as to costs - lengthy negotiations between Council and building owner concerning process for (and works required to create and permit use of) bushfire‑protected building - substantive issues between Council and building owner resolved without the necessity for trial - dispute as to costs of the proceedings - apportionment of costs between certifier and building owner - gross sum costs order appropriate - gross sum costs determined - gross sum costs apportioned between certifier and building owner - gross sum costs appropriate to include costs of costs proceedings - gross sum costs orders made Legislation Cited: Civil Procedure Act 2005, s 98 Environmental Planning and Assessment Act 1979 ss 9.45 and 9.46 Ryde Local Environmental Plan 2014 State Environmental Planning Policy (Exempt and Complying Development Codes) 2005 Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: ACR Trading Pty Ltd v Fat-Sel Pty Ltd (1987) 11 NSWLR 67 Anastasiou v Wallace [2020] NSWLEC 14 Australian Competition and Consumer Commission v Allergy Pathway Pty Ltd [2009] FCA 960 Cando Management and Maintenance Pty Ltd v Cumberland Council [2019] NSWCA 26 Cutcliffe v Lithgow City Council (2006) 147 LGERA 330; [2006] NSWLEC 463 Kiama v Grant [2006] NSWLEC 96 James v Surf Road Nominees Pty Ltd (No2) [2005] NSWCA 296 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Lisarowraid Inc v Gosford City Council [2012] NSWLEC 232 Platford v van Veenendaal and Shoalhaven City Council [2018] NSWLEC 27 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622 Roads and Traffic Authority v McGregor & Anor (No 2) [2005] NSWCA 453 Rossi v Living Choice Australia Ltd [2015] NSWCA 244 Sze Tu v Lowe (No 2) [2015] NSWCA 91 Texts Cited: COVID‑19 Pandemic Arrangements Policy December 2021 Category: Costs Parties: City of Ryde Council (Applicant) Robert Wood (First Respondent) Elek Constructions Pty Ltd (Second Respondent) Representation: Counsel: Mr M Astill, barrister (Applicant) Mr T March, barrister (First Respondent) Mr J Doyle, barrister (Second Respondent)