Woollahra Municipal Council v Cameron (No 2) [2024] NSWLEC 66

Land and Environment Court New South Wales

Medium Neutral Citation: Woollahra Municipal Council v Cameron (No 2) [2024] NSWLEC 66 Hearing dates: 3 June 2024 Date of orders: 2 July 2024 Decision date: 02 July 2024 Jurisdiction: Class 4 Before: Pritchard J Decision: The Court makes the following orders: (1) The first and second respondents, and the third respondent, in equal shares, pay the applicant's costs, as agreed or assessed. (2) The first and second respondents, and the third respondent, pay their costs of the costs proceedings, as agreed or assessed. Catchwords: COSTS — successful applicant should receive costs — r 6.11 of the Uniform Civil Procedure Rules 2005 (NSW) — submitting appearance without the words "save as to costs" — effect of late submitting appearance — apportionment of costs between respondents — order for costs to be paid in equal shares COSTS — first and second respondents seek costs of costs hearing — order that respondents pay the costs of the hearing costs as agreed or assessed Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Environmental Planning and Assessment Act 1979 (NSW) s 4.55 Uniform Civil Procedure Rules 2005 (NSW) rr 6.11, 42.1 Cases Cited: Brown v Randwick City Council (No 2) [2012] NSWLEC 28 Cutcliffe v Lithgow City Council (2006) 147 LGERA 330; [2006] NSWLEC 463 Hornsby Shire Council v Trives (No 4) [2016] NSWLEC 28 Inglis v Buckley (No 2) [2023] NSWLEC 113 Kogarah City Council v Armstrong Alliance Pty Ltd (No 2) [2013] NSWLEC 32 Lou v IAG Limited t/as NRMA Insurance (2019) 101 NSWLR 606; [2019] NSWCA 319 Morris v Riverwild Management Pty Ltd [2009] VSC 439 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Pilkington v Secretary of State for the Environment [1974] 1 All ER 283; [1973] 1 WLR 1527; (1973) 72 LGR 303 Rossi v Living Choice Australia Ltd [2015] NSWCA 244 Seller v Jones [2014] NSWCA 19 Woollahra Municipal Council v Cameron [2024] NSWLEC 27 Texts Cited: G E Dal Pont, Law of Costs, (LexisNexis, 5th ed, 2021) M Friston, Friston on Costs, (Oxford University Press, 4th ed, 2023) Ritchie's Uniform Civil Procedure NSW (LexisNexis, 2024) Category: Costs Parties: Woollahra Municipal Council (Applicant) Andrew Cameron (First Respondent) Vanessa Green (Second Respondent) Paul Aramini (Third Respondent) Representation: Counsel: J Farrell (First and Second Respondents)