Edwards v The Hills Shire Council [2010] NSWLEC 190

Land and Environment Court of New South Wales

CITATION : Edwards v The Hills Shire Council [2010] NSWLEC 190 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT: Michael Edwards

PARTIES : RESPONDENT: The Hills Shire Council

THIRD PARTY: Alex Wong

FILE NUMBER(S) : 10483 of 2009

CORAM: Biscoe J

KEY ISSUES: COSTS :- application for a costs order against a non-party in Class 1 development appeal - power and discretion of Court to set aside costs order against a party (who could not be located after conclusion of proceedings) for the purpose of ordering a non-party to pay those costs - power and discretion of Court to join a non-party for the purpose of making a costs order against him - power and discretion of Court to make a costs order against a non-party - whether non-party the real party to the litigation hiding behind a party to obtain development for the non-party's preferred use.

Civil Procedure Act 2005, ss 63, 98 Environmental Planning and Assessment Regulation 2000, cl 49(1)(b) LEGISLATION CITED: Land and Environment Court Rules 2007, r 3.7 Supreme Court Rules 1970, Pt 52A r 4(3) Uniform Civil Procedure Rules 2005, rr 6.26, 36.15, 42.3

Alphatex Australia v The Hills Shire Council (No 2) [2009] NSWLEC 1126 Arundel Chiropractic Centre Pty Ltd v Deputy Commissioner of Taxation [2001] HCA 26 Charlton v Moore [2009] NSWLEC 61 Double Bay Newspaper v The Fitness Lounge [2006] NSWSC 226 Edwards v The Hills Shire Council [2009] NSWLEC 187 CASES CITED: Jeffery & Katauskas Pty Ltd v SST Consulting Pty Ltd [2009] HCA 43, 239 CLR 75 Knight v FP Special Assets Ltd [1992] HCA 28, 174 CLR 178 Miltonbrook Pty Ltd v Westbury Holdings Kiama Pty Ltd [2008] NSWCA 38, 71 NSWLR 262 Norton v Blacktown City Council (No 2) [2009] NSWLEC 218, 171 LGERA 424 Roach v B & W Steel Pty Ltd (1991) 23 NSWLR 110 Yates v Boland [2000] FCA 1895