Botany Bay City Council v Minister for Planning & Anor (No. 2) [2006] NSWLEC 718

Land and Environment Court of New South Wales

CITATION : Botany Bay City Council v Minister for Planning & Anor (No. 2) [2006] NSWLEC 718

APPLICANT: Botany Bay City Council

PARTIES : FIRST RESPONDENT: Minister for Planning

SECOND RESPONDENT: Sydney Ports Corporation

FILE NUMBER(S) : 41280 of 2005

CORAM: Lloyd J

KEY ISSUES: Costs :- public interest litigation – special circumstances – factors taken into consideration in ordering costs – successful party should be compensated by unsuccessful party – traditional exemption to usual order for costs focuses on conduct of successful party – Minister's participation in hearing limited – respondents' cases did not overlap – both respondents entitled to costs – indemnity costs – abandonment of part of claim at commencement of hearing – ordinary rule is that a successful party only receives costs on a party and party basis – sensible abandonment of claims with no real prospect of success – should not discourage the proper abandonment of unwinnable appeals or points – no order for indemnity costs

Appleton Papers Inc v Tomasetti Paper Pty Ltd [1983] 3 NSWLR 208; Engadine Area Traffic Action Group Inc v Sutherland Shire Council (No. 2) (2004) 136 LGERA 365; Huntsman Chemical Company of Australia Ltd v Interactive Pools Australia Ltd (1995) 36 NSWLR 242; CASES CITED: Oshlack v Richmond River Council (1998) 193 CLR 72; Oshlack v Richmond River Council (1998) 82 LGERA 236; R v Riscuta [2003] NSWCCA 6; The Queen v The Australian Broadcasting Tribunal & Ors; Ex Parte Hardiman (1980) 144 CLR 13