NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Bailey v Oberon Shire Council [2007] NSWLEC 273
APPLICANT PARTIES : Daniel Bailey RESPONDENT Oberon Shire Council
FILE NUMBER(S) : 10630 of 2006
CORAM: Pain J
KEY ISSUES: Costs :- exercise of Court's discretion to award costs in Class 1 proceedings - whether fair and reasonable to order costs against Council - whether Council's defence of proceedings in dereliction of Council's duty as a statutory body and not on a rational basis - whether failure by the Council to undertake independent analysis of noise and dust issues - whether Council acted so unreasonably as to justify an award of costs - whether Council, properly advised, should have known that it had no or very poor prospects of success - non-compliance with paragraph 10 of Practice Direction 1993 (application for costs should be made within 14 days of judgment).
Land and Environment Court Act 1979 s56A LEGISLATION CITED: Land and Environment Court Rules 1996 Pt 16 r 4(2) Oberon Development Control Plan 2001 Oberon Local Environmental Plan 1998
ACM Landmark Pty Ltd v Cessnock City Council [2006]; NSWLEC 256; CASES CITED: Aldi Food Pty Ltd v Holroyd City Council (2005) 142 LGERA 141; Bailey v Oberon Shire Council [2006] NSWLEC 815; Grant v Kiama Municipal Council [2006] NSWLEC 70; Telstra Corporation Ltd v Hornsby Shire Council (2006) 148 LGERA 124
DATES OF HEARING: 30 April 2007
DATE OF JUDGMENT: 21 May 2007
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