Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council (No 2) [2022] NSWLEC 129

Land and Environment Court New South Wales

Medium Neutral Citation: Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council (No 2) [2022] NSWLEC 129 Hearing dates: 22 March 2022 Date of orders: 7 November 2022 Decision date: 07 November 2022 Jurisdiction: Class 3 Before: Moore J Decision: See orders at [186] Catchwords: COSTS ‑ Respondent classifies two assessment parcels of land as "coal mine" for rating purposes ‑ two assessment parcels of land owned by applicant coal mine ‑ reclassification sought as "farmland" for two rating years ‑ held both assessment parcels correctly classified as "coal mine" in both assessment years ‑ appeal concerning classification of larger assessment parcel ‑ no appeal concerning classification of smaller assessment parcel as "coal mine" ‑ appeal successful concerning larger assessment parcel ‑ larger assessment parcel proceedings remitted for consideration of tests in s 515 of the Local Government Act 1993 ‑ likely need for further hearing ‑ Council accepts reclassification of larger assessment parcel as "farmland" without necessity for further hearing and determination ‑hypothetical determination of s 515 of the Local Government Act issues not appropriate ‑ Applicant applies for costs of hearing concerning larger assessment parcel ‑ "fair and reasonable" costs rule applies ‑ possible apportionment of costs between larger and smaller assessment parcel proceedings ‑ consideration of factors involved in original hearing ‑ not "fair and reasonable" to award Applicant costs ‑ costs application dismissed COSTS ‑ costs of costs proceedings follow the event ‑ Applicant to pay Respondent's costs of costs proceedings as agreed or assessed Legislation Cited: Civil Procedure Act 2005, s 98(1) Land and Environment Court Act 1979, s 19(d) Land and Environment Court Rules 2007, r 3.7 Local Government Act 1993, ss 515, 517, 518 and 526 Uniform Civil Procedure Rules 2005, Sch 1, rr 42.1 and 42.20 Valuation of Land Act 1916, ss 14F(3) and 26 Cases Cited: Grant v Kiama Council [2006] NSWLEC 70 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2020] NSWLEC 66 Mangoola Coal Operations Pty Limited v Muswellbrook Shire Council [2021] NSWCA 46 Nadilo v Eagleton [2021] NSWCA 232 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Peabody Pastoral Holdings Pty Ltd v Mid‑Western Regional Council (2013) 211 LGERA 337; [2013] NSWLEC 86 Peregrine Minerals Sands Pty Ltd v Wentworth Shire Council [2014] NSWCA 429 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Sze Tu v Lowe (No 2) [2015] NSWCA 91 Ulan Coal Mines Pty Limited v Mid‑Western Regional Council [2013] NSWLEC 1167 Category: Costs Parties: Mangoola Coal Operations Pty Ltd (Applicant) Muswellbrook Shire Council (Respondent) Representation: Counsel: Mr A Galasso SC/Mr C Ireland, barrister (Applicant) Mr P Tomasetti SC (Respondent)