Roy Kennedy v Director-General of the Department of Environment and Conservation and Another [No. 2] [2007] NSWLEC 271

Land and Environment Court of New South Wales

CITATION : Roy Kennedy v Director-General of the Department of Environment and Conservation and Another [No. 2] [2007] NSWLEC 271

APPLICANT Roy "Dootch" Kennedy

PARTIES : FIRST RESPONDENT Director-General of the Department of Environment and Conservation

SECOND RESPONDENT Stockland Development Pty Limited

FILE NUMBER(S) : 40421 of 2005

CORAM: Jagot J

KEY ISSUES: Costs :- Whether proceedings brought in public interest - whether additional or special circumstances present - whether usual order as to costs should be made - proportional costs order made

Environmental Planning and Assessment Act 1979 s 5A LEGISLATION CITED: Land and Environment Court Act 1979 s 69 National Parks and Wildlife Act 1974 s 90

Botany Bay City Council v Minister for Planning & Anor (No 2) [2006] NSWLEC 718; Carriage v Stockland (Constructors) Pty Ltd and Others (2003) 125 LGERA 414; Engadine Area Traffic Action Group Inc v Sutherland Shire Council and Another (No 2) (2004) 136 LGERA 365; Kennedy on Behalf of the Sandon Point Aboriginal Tent Embassy v The Director-General of the National Parks and Wildlife Service and Another (No 2) (2002) 122 LGERA 84; Oshlack v Richmond River Council (1998) 193 CLR 72; CASES CITED: Oshlack v Richmond River Shire Council & Iron Gates Developments Pty Ltd (1994) 82 LGERA 236; Plumb v Penrith City Council and Another (2003) 126 LGERA 109; Roy Kennedy v Director-General of the Department of Environment and Conservation and Another [2006] NSWLEC 456; Save the Ridge Inc (Association No A03329) v Commonwealth and Another (2006) 230 ALR 411; Save the Showground for Sydney Inc v Minister for Urban Affairs and Planning (1998) 105 LGERA 254; South-West Forest Defence Foundation Inc v Executive Director, Department of Conservation and Land Management (WA) (No 2) (1998) 101 LGERA 114