Minister for Planning v Walker (No 2) [2008] NSWCA 334

New South Wales Court of Appeal

CITATION: Minister for Planning v Walker (No 2) [2008] NSWCA 334

HEARING DATE(S): written submissions

JUDGMENT DATE: 3 December 2008

JUDGMENT OF: Hodgson JA at 1; Campbell JA at 11; Bell JA at 12

DECISION: Each party pay its own costs at first instance and on appeal.

CATCHWORDS: PROCEDURE – Costs – Public interest litigation – Need for additional factors if successful defendant to be denied costs – Whether costs should be ordered in this case.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 5

CATEGORY: Principal judgment

Minister For Planning v Jill Walker [2008] NSWCA 224 CASES CITED: Engadine Area Traffic Action Group Inc v Sutherland Shire Council (No 2) [2004] NSWLEC 434; (2004) 136 LGERA 365 Oshlack v Richmond River Council (1998) 193 CLR 72

MINISTER FOR PLANNING (Appellant) PARTIES: Jill WALKER (First Respondent) STOCKLAND DEVELOPMENT PTY LTD (ABN 71 000 064 835) (Second Respondent) ANGLICAN RETIREMENT VILLAGES – DIOCESE OF SYDNEY (ABN 39 922 848 563) (Third Respondent)

FILE NUMBER(S): CA 40893/07

S DUGGAN (Appellant) COUNSEL: Kirsty RUDDOCK (Sol.) (First Respondent) Second Respondent (submitting appearance) Third Respondent (submitting appearance)

Christine Hanson, Legal Services Branch, Department of Planning (Appellant) SOLICITORS: Environmental Defenders' Office Ltd (First Respondent) Herbert Geer & Rundle (Second Respondent) John Frederick Whitehouse, Minter Ellison Lawyers (Third Respondent)