Bowers v Northern Beaches Council and Anor (No 3) [2022] NSWLEC 47

Land and Environment Court New South Wales

Medium Neutral Citation: Bowers v Northern Beaches Council and Anor (No 3) [2022] NSWLEC 47 Hearing dates: 12 April 2022 Date of orders: 29 April 2022 Decision date: 29 April 2022 Jurisdiction: Class 4 Before: Robson J Decision: See orders at [16] Catchwords: COSTS — Party/Party — Costs orders in interlocutory proceedings — Notice of motion to reopen — Motion withdrawn and dismissed — Whether applicant should bear more than one set of costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedures Rules 2005 (NSW), rr 42.1, 42.7 Cases Cited: Bowers v Northern Beaches Council [2022] NSWLEC 8 Bowers v Northern Beaches Council (No 2) [2022] NSWLEC 46 Nadilo v Eagleton [2021] NSWCA 232; (2022) 250 LGERA 89 Category: Costs Parties: James Bowers (Applicant) Northern Beaches Council (First Respondent) Grigull Custodian Pty Ltd (Second Respondent) Representation: Counsel: J Bowers, self-represented (Applicant) L F Sims (First Respondent) M F Fozzard (Second Respondent)

Solicitors: Self-represented (Applicant) Wilshire Webb Staunton Beattie Lawyers (First Respondent) DG Briggs and Associates (Second Respondent) File Number(s): 2021/00090937 Publication restriction: Nil

Judgment 1. On 9 February 2022, I delivered judgment in these Class 4 judicial review proceedings dismissing the applicant's summons and reserving costs: Bowers v Northern Beaches Council [2022] NSWLEC 8 ('primary judgment'). I adopt the background facts, findings and definitions in the primary judgment. 2. This judgment concerns the costs of an application brought by notice of motion filed 24 February 2022, by Mr Bowers, seeking leave to reopen the primary proceedings in circumstances where Mr Bowers withdrew his notice of motion on 12 April 2022, the day the motion was to be heard.