Ku-ring-gai Council v Minister for Planning (No 2) [2008] NSWLEC 276

Land and Environment Court of New South Wales

CITATION : Ku-ring-gai Council v Minister for Planning (No 2) [2008] NSWLEC 276

APPLICANT: Ku-ring-gai Council

PARTIES : FIRST RESPONDENT: Minister for Planning

SECOND RESPONDENT: Ku-ring-gai Council Planning Panel

FILE NUMBER(S) : 40042 of 2008

CORAM: Biscoe J

KEY ISSUES: Costs :- judicial review proceedings in Class 4 of Court's jurisdiction - costs where no hearing of an issue on the merits - whether respondent surrendered to applicant or whether there was a supervening event which removed the subject of the dispute such that there should be no order as to costs - whether on another issue unsuccessful applicant brought proceedings in the public interest such that there should be no order as to costs - whether disentitling conduct by successful respondent such that there should be no order as to costs.

Civil Procedure Act 2005 (NSW), s 98(1) Environmental Planning and Assessment Act 1979 (NSW) LEGISLATION CITED: Land and Environment Court Rules 2007 (NSW), r 4.2 Migration Act 1958 (Cth) Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.19, 42.20

Anderson on behalf of Numbahjing Clan within the Bundjalung Nation v NSW Minister for Planning (No 2) [2008] NSWLEC 272 Cassegrain v CTK Engineering Pty Ltd (2005) 54 ACSR 249 Fordyce v Fordham (2006) 67 NSWLR 497 Kiama Council v Grant (2006) 143 LGERA 441 CASES CITED: Ku-ring-gai Council v Minister for Planning & Anor [2008] NSWLEC 174 Latoudis v Casey (1990) 170 CLR 534 One.Tel Ltd v Commissioner of Taxation (2000) 101 FCR 548 Oshlack v Richmond River Council (1998) 193 CLR 72 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 True Conservation Association Incorporated v The Minister administering the Threatened Species Conservation Act 1995 [2008] NSWLEC 221