Australians for Sustainable Development Inc v Minister for Planning (No 2) [2011] NSWLEC 70

Land and Environment Court New South Wales

Medium Neutral Citation: Australians for Sustainable Development Inc v Minister for Planning (No 2) [2011] NSWLEC 70 Hearing dates: 28 March 2011 (written submissions) Decision date: 20 April 2011 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) First Respondent to pay 75% of Applicant's costs of proceedings except for costs relating to expert evidence on an indemnity basis (2) Second and Third Respondents to pay 75% of Applicant's costs of proceedings except for costs relating to expert evidence (3) Applicant to pay Second and Third Respondent's costs of responding to the Applicant's expert evidence. Catchwords: COSTS:- awarded to Applicant who would have succeeded but for the Respondent Minister's amendment after the hearing concluded of State Environmental Planning Policy 55 so as to exclude subject projects from its ambit - indemnity costs awarded against Minister - apportionment of costs for Applicant's abandonment of expert evidence and discrete issues on which it failed. Legislation Cited: Civil Procedure Act 2005 s 56(1), (3) and (4) Uniform Civil Procedure Rule 2005 r 42.1 Cases Cited: AON Risk Services Australia Pty Ltd v Australian National University [2009] HCA 27, 239 CLR 175 Australians for Sustainable Development Inc v Minister for Planning [2011] NSWLEC 33 F & D Bonaccorso Pty Ltd v City of Canada Bay Council (No 3) [2007] NSWLEC 569 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 Cretazzo v Lombardi (1975) 13 SASR 4 Dodds Family Investments Pty Ltd (formerly Solar Tint Pty Ltd) v Lane Industries Pty Ltd [1993] FCA 259, 26 IPR 261 GPT Re Ltd v Wollongong City Council [2006] NSWLEC 658, 151 LGERA 174 Hughes v Western Australian Cricket Association Inc [1986] FCA 382, ATPR 40 - 748 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Kiama Council v Grant [2006] NSWLEC 96, 143 LGERA 441 McCosker v Rutter [2010] NSWCA 318 Morley v Australian Securities and Investments Commission [2010] NSWCA 331, 274 ALR 205 Scott v Handley [1999] FCA 404, 58 ALD 373 Stena Rederi Aktieboc v Austal Ship Sales Pty Ltd [2007] FCA 1141 Tasmanian Conservation Trust Inc v Minister for Natural Resources (1995) 55 FCR 516 True Conservation Association Inc v Minister Administering the Threatened Species Conservation Act 1995 [2008] NSWLEC 221 Wilderness Society Inc v Turnbull, Minister for Environment and Water Resources [2008] FCAFC 19 Category: Costs Parties: Australians for Sustainable Development Inc (Applicant) Minister for Planning (First Respondent) Lend Lease (Millers Point) Pty Ltd (Second Respondent) Barangaroo Delivery Authority (Third Respondent) Representation: Mr J K Kirk with Ms F Ramsay (Applicant) Dr J Griffiths SC with Mr H El-Hage (First Respondent) Mr N Williams SC with Ms A Mitchelmore (Second Respondent) Mr R Lancaster SC with Ms C Spruce (Third Respondent) Environmental Defender's Office (Applicant) Department of Planning (First Respondent) Henry Davis York (Second Respondent) Clayton Utz (Third Respondent) File Number(s): 40965/10