Delta Electricity v Blue Mountains Conservation Society Inc [2010] NSWCA 263

Reported Decision: 176 LGERA 424

New South Wales Court of Appeal

CITATION: Delta Electricity v Blue Mountains Conservation Society Inc [2010] NSWCA 263

HEARING DATE(S): 16 March 2010

JUDGMENT DATE: 18 October 2010

JUDGMENT OF: Beazley JA at 1; Basten JA at 169; Macfarlan JA at 222

DECISION: The appeal is dismissed; The appellant is to pay the respondent's costs of the appeal.

CATCHWORDS: COSTS – appeal – Uniform Civil Procedure Rules 2005, r 42.4 – maximum costs order – appeal against decision to order maximum costs - COSTS – appeal – Uniform Civil Procedure Rules 2005, r 42.4 – maximum costs order – discretion to order maximum costs - interrelationship with the Civil Procedure Act 2005, ss 56-60 - COSTS – appeal – Uniform Civil Procedure Rules 2005, r 42.4 – maximum costs order – proportionality – whether maximum costs order should be proportionate to the estimated costs of the proceedings - PROCEEDINGS – interlocutory proceedings – determination of whether proceedings are taken in the public interest - PROCEEDINGS – interlocutory proceedings – whether proceeding can be characterised as being in the public interest at an interlocutory stage - COSTS – appeal – Uniform Civil Procedure Rules 2005, r 42.4 – maximum costs order – relevance of public interest nature of proceedings in assessment of maximum costs – impact of Land and Environment Court Rules 2007, r 4.2 on a party's cost expectations - COSTS – appeal – Uniform Civil Procedure Rules 2005, r 42.4 – maximum costs order – need to balance discretion to order maximum costs with overriding statutory purpose of the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005 - WORDS & PHRASES – "the public interest"

Civil Procedure Act 2005 Civil Procedure Rules (UK) Corporations Act 2001 (Cth) Environmental Planning and Assessment Act 1979 Federal Court Rules LEGISLATION CITED: Freedom of Information Act 1989 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Legal Aid Commission Act 1979 Protection of the Environment Operations Act 1997 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005