The Trustees of the Roman Catholic Church for the Diocese of Broken Bay v Willoughby City Council [2023] NSWLEC 88

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustees of the Roman Catholic Church for the Diocese of Broken Bay v Willoughby City Council [2023] NSWLEC 88 Hearing dates: 23 August 2023 Date of orders: 24 August 2023 Decision date: 24 August 2023 Jurisdiction: Class 1 Before: Robson J Decision: See orders at [22] Catchwords: COSTS — Notice of motion to strike out or summarily dismiss certain contentions of a statement of facts and contentions in Class 1 appeal proceedings — Whether an order for costs is fair and reasonable — No order as to costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Heritage Act 1977 (NSW), ss 25, 30 Land and Environment Court Act 1979 (NSW), ss 17, 23 Land and Environment Court Rules 2007 (NSW), r 3.7 Uniform Civil Procedure Rules 2005 (NSW), Pt 14 Cases Cited: Port Stephens Council v Jeffrey Sansom [2007] NSWCA 299; (2007) 156 LGERA 125 Category: Costs Parties: The Trustees of the Roman Catholic Church for the Diocese of Broken Bay (ABN 79 031 652 544) (Respondent on the motion) Willoughby City Council (ABN 47 974 826 099) (Applicant on the motion) Representation: Counsel: A M Pickles SC (Respondent on the motion) P W Larkin SC with G Tsang (Applicant on the motion)

Solicitors: Mills Oakley (Respondent on the motion) HWL Ebsworth (Applicant on the motion) File Number(s): 2023/00196667 Publication restriction: Nil