Palladium Management Pty Limited v Council of the City of Sydney [2008] NSWLEC 100

Land and Environment Court of New South Wales

CITATION : Palladium Management Pty Limited v Council of the City of Sydney [2008] NSWLEC 100

APPLICANT PARTIES : Palladium Management Pty Limited RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 40840 of 2007

CORAM: Pain J

KEY ISSUES: Costs :- exercise of discretion under Uniform Civil Procedure Rules 2005 where discontinuance filed without consent

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s96 Uniform Civil Procedure Rules 2005 r 42.19, r 42.20

Australiawide Airlines Ltd v Aspirion Pty Ltd [2006] NSWCA 365 CASES CITED: Kiama Council v Grant (2006) 143 LGERA 441 One.Tel Ltd v Deputy Commissioner of Taxation (2000) 101 FCR 548 at 553 Re Minister for Immigration and Ethnic Affairs and Anor; ex parte Lai Quin (1997) 186 CLR 622

DATES OF HEARING: 4 March 2008

EX TEMPORE JUDGMENT DATE : 4 March 2008

APPLICANT Mr P Rigg (solicitor) SOLICITOR LEGAL REPRESENTATIVES: Deacons RESPONDENT Mr P Clay SOLICITOR Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

4 March 2008

40840 of 2007 Palladium Management Pty Limited v Council of the City of Sydney

EX TEMPORE JUDGMENT 1 Her Honour: The Applicant discontinued these Class 4 proceedings on 13 February 2008 without the Council's consent. The hearing of the matter had been set down for 15 February 2008. The proceedings concern premises known as the Palladium at 102 Miller Street Pyrmont. The Council now seeks its costs under Rule 42.19 of the Uniform Civil Procedure Rules 2005 (UCPR) which apply in this Court. That provides: (1) This rule applies to proceedings that are discontinued by the plaintiff, as referred to in rule 12.1. (2) Unless the court orders otherwise or the notice referred to in rule 12.1 (2) otherwise provides, the plaintiff must pay such of the defendant's costs as, at the date on which the notice of discontinuance was filed, had been incurred by the defendant in relation to each claim in respect of which the proceedings have been discontinued. 2 The declaration sought in the amended Class 4 application was: A declaration that Development Consent Z96-00095 dated 21 February 1996 for the demolition of existing warehouse and development of a 7 to 10 storey residential building comprising 262 units (6 x bedsits, 37 x 1 bed, 215 x 2 bed, 4 x 3 bed) and 408 basement carspaces, authorises the use of Lot 151, 102 Miller Street, Pyrmont, for the office use comprising residential property management services including letting, general property management and sales service for units in Strata Plan 61131.