ROI Properties Pty Ltd v Council of City of Sydney [2010] NSWLEC 22

Land and Environment Court of New South Wales

CITATION : ROI Properties Pty Ltd v Council of City of Sydney [2010] NSWLEC 22

APPLICANT PARTIES : ROI Properties Pty Ltd RESPONDENT Council of City of Sydney

FILE NUMBER(S) : 10711 of 2009

CORAM: Pain J

KEY ISSUES: COSTS :- whether costs thrown away in preparing and attending a s 34 conference ought be awarded - whether conciliation in good faith - no final order made at this stage as proceedings not yet finalised

LEGISLATION CITED: Land and Environment Court Act 1979 s 23, s 34 Land and Environment Court Rules 2007 r 3.7

CASES CITED: Rajski v Tectran Corporation Pty Ltd [2003] NSWSC 476 United Group Rail Services Limited v Rail Corporation NSW South Wales [2009] NSWCA 177

DATES OF HEARING: 18 February 2010

DATE OF JUDGMENT: 22 February 2010

APPLICANT Ms McCulloch (solicitor) SOLICITOR LEGAL REPRESENTATIVES: Pikes Lawyers RESPONDENT Mr R Winram (solicitor) SOLICITOR Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

22 February 2010

10711 of 2009 ROI Properties Pty Ltd v Council of City of Sydney

JUDGMENT 1 Her Honour: The parties participated in a s 34 conciliation conference on 4 December 2009 before Commissioner Brown. According to the Court file the s 34 conference was terminated and the matter referred to the Registrar for the making of orders for the conferencing of experts, inter alia. Such orders were made by the Assistant Registrar on 9 December 2009. The Applicant has filed a Notice of Motion dated 23 December 2009 seeking its costs of the preparation and attendance at the s 34 conference. The Applicant argues that there was a failure by the Council to properly conciliate and the Council acted so unreasonably that the Applicant's costs ought be paid. Section 34(1A) provides that if a conciliation conference has been arranged under s 34(1) each party has a duty to participate in good faith in the conciliation conference.