New South Wales Court of Appeal CITATION: Western Districts Developments Pty Limited and Turnpike Lane Pty Limited v Baulkham Hills Shire Council (No 2) [2009] NSWCA 311 HEARING DATE(S): 12 June 2009 JUDGMENT DATE: 30 September 2009 JUDGMENT OF: Campbell JA at 1; Preston CJ of LEC at 1 DECISION: 1. Respondent to pay applicants' costs of proceedings before Harrison AsJ. 2. Respondent to have certificate under Suitors' Fund Act 1951 in respect of appeal before Court of Appeal and appeal before Harrison AsJ, if otherwise eligible. CATCHWORDS: ORDERS - additional orders consequent on primary judgment - costs of proceedings below - certificate under Suitors' Fund Act 1951 LEGISLATION CITED: Suitors' Fund Act 1951 Supreme Court Act 1970 CATEGORY: Consequential orders PARTIES: Western Districts Developments Pty Limited and Turnpike Lane Pty Limited - Appellants Baulkham Hills Shire Council - Respondent FILE NUMBER(S): CA 40365/08 APPELLANTS Mr A Fernon COUNSEL: RESPONDENT Mr D Grieve QC Mr J Kildea APPELLANTS SOLICITORS: Low Doherty & Stratford, Blacktown RESPONDENT Matthew Pearce, Baulkham Hills Shire Council LOWER COURT JURISDICTION: Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S): SC11069/08 LOWER COURT JUDICIAL OFFICER: Harrison AsJ LOWER COURT DATE OF DECISION: 31 July 2008 LOWER COURT MEDIUM NEUTRAL CITATION: Western Districts Developments v Baulkham HIlls Shire Council [2008] NSWSC 770 IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40365/08 SC 11069/08 CAMPBELL JA PRESTON CJ OF LEC 30 September 2009 WESTERN DISTRICTS DEVELOPMENTS PTY LIMITED AND TURNPIKE LANE PTY LIMITED V BAULKHAM HILLS SHIRE COUNCIL (NO 2) Judgment 1 CAMPBELL JA AND PRESTON CJ OF LEC: After judgment was delivered, the parties applied in writing to the Court for two additional orders to be made. First, the applicants sought an order that the respondent pay the applicants' costs of the appeal before Harrison AsJ. In light of this Court's judgment, the respondent does not oppose this order. Secondly, the respondent seeks an order that it be granted a certificate under the Suitors' Fund Act1951 in respect of the appeal in the Court of Appeal and the appeal before Harrison AsJ if otherwise eligible. The applicants do not oppose this order. 2 The parties have consented in writing to their applications for these additional orders being heard and determined, pursuant to s 45AA(1) of the Supreme Court Act 1970, by two of the three Judges of Appeal who constituted the Court of Appeal for these proceedings. The parties consent to the applications being dealt with in chambers on the papers. 3 We consider both of these additional orders are appropriate to be made in the circumstances. Accordingly, the Court orders: 1. The respondent pay the applicants' costs of the proceedings before Harrison AsJ. 2. The respondent is to have a certificate under the Suitors' Fund Act 1951 in respect of the appeal before the Court of Appeal and the appeal before Harrison AsJ, if otherwise eligible. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.