Hoyts Cinemas Limited (ACN 066 234 900) v Penrith City Council & Anor [2000] NSWLEC 31

Land and Environment Court of New South Wales

CITATION : Hoyts Cinemas Limited (ACN 066 234 900) v Penrith City Council & Anor [2000] NSWLEC 31 Hoyts Cinemas Ltd (Applicant) PARTIES : Penrith City Council (First Respondent Penrith Panther's Rugby League Club Limited (Second Respondent) FILE NUMBER(S) : 40246 of 1998 CORAM: Lloyd J KEY ISSUES: Costs :- Applicant unsuccessful - whether both respondents entitled to orders for costs. LEGISLATION CITED: Land & Environment Court Act 1979, s 69 CASES CITED: DATES OF HEARING: 22/10/99 EX TEMPORE 10/22/1999 JUDGMENT DATE :

Applicant: D T Miller (Barrister) SOLICITORS: Cutler Hughes & Harris LEGAL REPRESENTATIVES: Second Respondent: B A J Coles QC SOLICITORS: Mallesons Stephen Jaques

JUDGMENT: 1. This is a notice of motion by the second respondent for an order that the applicant pay its costs. The principal proceedings were heard on 21 and 22 June 1999 and in a reserved judgment delivered on 13 August 1999 I dismissed the application but reserved the question of costs. The applicant has consented to meeting the first respondent's costs.

2. The applicant submits that no costs order should be made in favour of the second respondent because it was not a necessary party and its participation in the proceedings added nothing to the case. I do not agree.

3. The second respondent was the beneficiary of the development consent, the validity of which was sought to be impugned by the applicant in the proceedings. It thus had a proprietary interest in seeking to uphold the validity of that consent.