Denny v Optus Mobile Pty Ltd (No 2) [2023] NSWLEC 57

Land and Environment Court New South Wales

Medium Neutral Citation: Denny v Optus Mobile Pty Ltd (No 2) [2023] NSWLEC 57 Hearing dates: Written submissions received on 6, 20 April 2023 Date of orders: 1 June 2023 Decision date: 01 June 2023 Jurisdiction: Class 4 Before: Pain J Decision: See below in [17] Catchwords: COSTS – successful applicant in judicial review proceedings entitled to costs in absence of disentitling conduct – liability for costs of respondents who filed submitting appearance – consent authority liable to pay costs – beneficiary of development consent declared invalid not subject to costs order in circumstances of case Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Environmental Planning and Assessment Act 1979 (NSW), s 4.14 Gosford Local Environment Plan 2014 (NSW), cll 4.3 4.6 Uniform Civil Procedure Rules 2005 (NSW), rr 1.5 42.1, Sch 1 Cases Cited: Brown v Randwick City Council (No 2) [2012] NSWLEC 28 Cutcliffe v Lithgow City Council (2006) 147 LGERA 330; [2006] NSWLEC 463 Denny v Optus Mobile Pty Ltd [2023] NSWLEC 27 Lu v Walding (No 3) [2022] NSWLEC 15 Platford v van Veenendaal and Shoalhaven City Council (No 2) [2018] NSWLEC 86 Category: Costs Parties: Anthony Denny (First Applicant) Helena Denny (Second Applicant) Optus Mobile Pty Ltd (First Respondent) Central Coast Local Planning Panel (Second Respondent) Central Coast Council (Third Respondent) Representation: Counsel: J McKelvey (First and Second Applicants) N Eastman (First Respondent)