Residents Against Improper Development Incorporated v Chase Property Investments Pty Ltd (No 2) [2006] NSWCA 375

New South Wales Court of Appeal

CITATION: Residents Against Improper Development Incorporated v Chase Property Investments Pty Ltd (No 2) [2006] NSWCA 375 This decision has been amended. Please see the end of the judgment for a list of the amendments.

JUDGMENT DATE: 20 December 2006

JUDGMENT OF: Giles JA; Tobias JA; McClellan CJ at CL

DECISION: 1. The Court rejects the Council's application to set aside or vary Orders (ii) and (iii) insofar as they relate to orders that the Council is to pay the respondent's costs with respect to that application ; 2. No order as to the costs of the first appellant with respect to the application

CATCHWORDS: COSTS – appeal successful in part – primary hearing in Land and Environment Court – Class 1 appeal – where preliminary issues of law determined prior to merits hearing – appropriate orders – principles

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 Uniform Civil Procedures Rules 2005, Part 36 Rule 16

CASES CITED: Hunter Development Brokerage Pty Ltd v Cessnock City Council [No 2] [2006] NSWCA 292

Residents Against Improper Development Incorporated PARTIES: Blue Mountains City Council Chase Property Investments Pty Limited

FILE NUMBER(S): CA CA 40090/06; 40714/06

A1: T Robertson SC / L Byrne COUNSEL: A2: I Hemmings R: C W McEwen SC / S A Duggan

A1: Woolf Associates, Sydney SOLICITORS: A2: McPhee kelshaw, Springwood R: Pike Pike & Fenwick

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40090/06 CA 40714/06 L&E 10720/05