F & D Bonaccorso Pty Ltd v City of Canada Bay Council (No 3) [2007] NSWLEC 569

Land and Environment Court of New South Wales

CITATION : F & D Bonaccorso Pty Ltd v City of Canada Bay Council (No 3) [2007] NSWLEC 569

APPLICANT: F & D Bonaccorso Pty Ltd

FIRST RESPONDENT: City of Canada Bay Council

SECOND RESPONDENT: Arinson Pty Ltd PARTIES : THIRD RESPONDENT: Omaya Holding Pty Ltd

FOURTH RESPONDENT: Omaya Investments Pty Ltd

FIFTH RESPONDENT: The Registrar General

FILE NUMBER(S) : 40134 of 2003

CORAM: Biscoe J

KEY ISSUES: Costs :- applicant successful in judicial review proceedings - principles relating to departure from usual order for costs, indemnity costs and apportionment of costs - whether applicant behaved unreasonably in sustaining challenge to earlier development consent that had been suspended - whether applicant behaved unreasonably by unnecessarily prolonging proceedings in respect of challenge to development consent - whether applicant should pay costs thrown away occasioned by joinder of a party during the hearing - whether respondent council behaved unreasonably in disputing ground of invalidity which it later conceded - whether respondent council behaved unreasonably in contesting claim that a park was community land - whether applicant's costs of obtaining injunctions against other respondents should be excluded from applicant's costs against respondent council - whether applicant's costs of obtaining those injunctions as against other respondents should be determined in these proceedings or in other proceedings to which the issue had been transferred - whether appropriate to determine on a costs application whether a development consent which had been surrendered was invalid when that issue had been neither pressed nor determined in the substantive proceedings, in order to decide whether to order costs against a respondent which had defended that issue for a time - whether there should be any order as to the costs of the costs application