NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Simmattown Pty Ltd v Randwick City Council [2024] NSWLEC 118 Hearing dates: 31 October 2024 Date of orders: 31 October 2024 Decision date: 31 October 2024 Jurisdiction: Class 1 Before: Pain J Decision: The Court orders that: (1) The notice of motion dated 21 August 2024 is dismissed. (2) The Council is to pay the Applicants' costs of the notice of motion dated 21 August 2024. Catchwords: COSTS – whether costs payable by applicant following discontinuance of Class 1 appeal after hearing commenced – application of no discouragement principle – no costs order made Legislation Cited: Land and Environment Court Rules 2007 (NSW), r 3.7 Cases Cited: Boral Cement Pty Ltd v SHCAG Pty Ltd [2013] NSWLEC 203 CBUS Property Pty Ltd v North Sydney Council [2024] NSWLEC 47 Fulton Hogan Pty Ltd v Blacktown City Council [2020] NSWLEC 169 Ross v Lane Cove Council [2013] NSWLEC 109 Segal v Waverley Council (2005) 64 NSWLR 177; [2005] NSWCA 310 Texts Cited: Practice Note Class 1 Development Appeals (3 April 2018) Category: Costs Parties: Simmattown Pty Ltd (First Applicant) Cheung Properties Pty Ltd (Second Applicant) Randwick City Council (Respondent) Representation: Counsel: A Gadiel (Applicants) M Astill (Respondent)
Solicitors: Mills Oakley (Applicants) Randwick City Council (Respondent) File Number(s): 2021/322119-004
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