Agia Projects Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 16

Land and Environment Court New South Wales

Medium Neutral Citation: Agia Projects Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 16 Hearing dates: 23 February 2024 Date of orders: 12 March 2024 Decision date: 12 March 2024 Jurisdiction: Class 7 Before: Robson J Decision: See orders at [34]-[35] Catchwords: COSTS — Costs assessment — Determination — Self-represented litigant — Class 7 proceedings APPEAL — Appeal against conviction in Local Court wrongly commenced — Conviction in Local Court annulled during proceedings in the Land and Environment Court — Appeal discontinued — Orders made that applicant pay 60% of respondent's costs including costs of the application for costs Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 4, 32, 36 Category: Costs Parties: Agia Projects Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Giannikos, self-represented (Applicant) J Chenhall, solicitor (Respondent)

Solicitors: Self-represented (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2023/00290029 Publication restriction: Nil

Judgment

Introduction and outcome 1. Woollahra Municipal Council ('Council') seeks its costs incurred as the respondent in these Class 7 proceedings commenced by Agia Projects Pty Ltd ('Agia'), seeking leave to appeal from the whole of the decision in the Local Court of NSW given on 15 August 2023 finding Agia guilty of an offence of "pollute waters" pursuant to s 120(1) of the Protection of the Environment Operations Act 1997 (NSW) ('POEO Act'). 2. The Local Court imposed a penalty of $10,000 and awarded professional costs in favour of Council in the sum of $6,600. 3. The appeal was commenced by Agia on 11 September 2023 and on 3 November 2023, this Court made orders adjourning the proceedings to 17 November 2023 on the basis that Agia, after the commencement of these proceedings, had made an application to the Local Court under s 4 of the Crimes (Appeal and Review) Act 2001 (NSW) ('Review Act') for an annulment which was listed for hearing on 16 November 2023. 4. Consequent upon success of the annulment application in the Local Court on 16 November 2023, Agia indicated its intention not to pursue these proceedings. Council now seeks its costs incurred in the conduct of the proceedings and Agia seeks an order that a portion of its costs be paid by Council. 5. For the reasons that follow, I find that it is appropriate to dismiss the appeal and that Council is entitled to 60% of its costs including its costs of the application for costs.