TWR Property Pty Limited & Ors v Parramatta City Council [2004] NSWLEC 255

Land and Environment Court of New South Wales

CITATION : TWR Property Pty Limited & Ors v Parramatta City Council [2004] NSWLEC 255 TWR Property Pty Limited (Appl) PARTIES : PJR Property Pty Limited (Appl) TJW Property Pty Limited (Appl) Parramatta City Council (Resp) FILE NUMBER(S) : 11647 of 2003 CORAM: Tuor C. KEY ISSUES: Costs :- Application for concurrence or otherwise by Chief Judge of a Commissioner's costs determination LEGISLATION CITED: CASES CITED: DATES OF HEARING: 12 May 2004 EX TEMPORE 05/12/2004 JUDGMENT DATE :

D Wilson (Appl) Ellis McLachlan (Sol - Appl)

LEGAL REPRESENTATIVES: C Gough (Sol - Resp) Storey & Gough (Sol - Resp)

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11647 of 2003

Tuor C

12 May 2004 TWR Property Ltd, PJR Property Ltd and TJW Property Ltd Applicant v Parramatta City Council Respondent Judgment

Introduction 1 This is an application for costs in relation to the Consent Orders for a development application to construct a mixed use development at 116-118 Wigram Street, Harris Park. An application for costs was made at the hearing on 10 May 2004. The basis for an order for costs 2 Prior to 2 February 2004, the practice of the Court was to award costs only where there were exceptional circumstances. From this date, the Land and Environment Court Rules (Amendment No 8) 2003 came into effect and amended the basis for costs in Class 1 cases. The relevant provision of Pt 16 of the Rules now reads: (2) No order for the payment of costs will be made in proceedings to which this Rule applies unless the Court considers that the making of a costs order is, in the circumstances of the particular case, fair and reasonable. 3 This change to the Rules was accompanied by an amendment to the Land and Environment Court Practice Direction 1993 that relevantly reads: 10. Where an application for costs is made in proceedings that have been heard and determined by one or more Commissioners the application shall be made, to that Commissioner or those Commissioner's (as the case may be).