DAVID JAMES BALCOMBE v. NAMBUCCA SHIRE COUNCIL [1998] NSWLEC 287 (13 November 1998) [1998] NSWLEC 61

Land and Environment Court of New South Wales

CITATION : DAVID JAMES BALCOMBE v. NAMBUCCA SHIRE COUNCIL [1998] NSWLEC 287 (13 November 1998) [1998] NSWLEC 61 PARTIES : DAVID JAMES BALCOMBE v. NAMBUCCA SHIRE COUNCIL FILE NUMBER(S) : 40256 of 1997 CORAM: Talbot J :- Costs - public interest litigation KEY ISSUES: Costs - indemnity basis Costs - incidental costs LEGISLATION CITED: Land and Environment Court Act. CASES CITED: Oshlack v Richmond River S.C. & Anor (1994) 82 LGERA 236 at 245 ; Megarry VC in Re Gibson's Settlement Trusts [1981] Ch 179 at 184 DATES OF HEARING: 3 November 1998 DATE OF JUDGMENT: 11/13/1998

Mr K E Roser (Barrister) LEGAL REPRESENTATIVES: First Respondent Mr W P O'Rourke (Solicitor) Second Respondents Mr C H Shaw (Solicitor)

JUDGMENT: 1. In a judgment delivered on 30 July 1998 the Court published reasons and made formal orders whereby the application was dismissed.

2. The second respondents, as the holder of the relevant development consent, entered a submitting appearance, except as to costs. The applicants ultimately did not seek any relief directly against the second respondents.

3. However, the relief which the applicants were seeking was by way of declaration and consequential orders on the basis that the approved development carried on by the second respondents, as modified by the amended conditions, is prohibited.

4. The second respondents seek an order that their costs be paid by the applicants on an indemnity basis and include incidental costs contemplated by s 69 of the Land and Environment Court Act.