Halley v Minister Administering the Environmental Planning and Assessment Act 1979 (No 3) [2011] NSWLEC 94

Land and Environment Court New South Wales

Medium Neutral Citation: Halley v Minister Administering the Environmental Planning and Assessment Act 1979 (No 3) [2011] NSWLEC 94 Hearing dates: 30 and 31 (written submissions) May 2011 Decision date: 31 May 2011 Jurisdiction: Class 3 Before: Pepper J Decision: The orders of the Court are as follows: 1. the applicant is to pay the respondent's costs of the proceedings, excluding the costs of the motion before Biscoe J on 3 December 2009 and the directions hearing of 27 November 2009, on a party/party basis as agreed or assessed. 2. the applicant is to pay the respondent's costs of this motion. 3. the exhibits are to be returned. Catchwords: COSTS - whether costs follow the event in cases concerning compensation for compulsory acquisition or whether some other costs principle applies - whether the applicant should pay the Minister's costs of the proceedings in circumstances where she was awarded compensation but 'lost' the proceedings Legislation Cited: Civil Procedure Act 2005, s 98 Land Acquisition (Just Terms Compensation) Act 1991, ss 3(1), 54(1), 59(a) Land and Environment Court Act 1979, ss 19(e), 24, 25 Land and Environment Court Rules 2007, r 3.7 Lane Cove Local Environmental Plan 1987, cl 18G Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: AMP Capital Investors Ltd v Transport Infrastructure Development Corp [2008] NSWCA 325; (2008) 163 LGERA 245 Banno v Commonwealth of Australia (1993) 45 FCR 32 Buchanan; Kapanke; Moyle v Sutherland Shire Council [2007] NSWLEC 243 Dillon v Gosford City Council (No 3) [2010] NSWLEC 168 Doueihi v Roads and Traffic Authority of New South Wales [2005] NSWCA 201 Gee v Port Stephens Council [2003] NSWLEC 260; (2003) 131 LGERA 325 Geoffrey v Roads and Traffic Authority of NSW [2007] NSWLEC 405 Halley v Minister Administering the Environmental Planning and Assessment Act 1979 [2009] NSWLEC 209 Halley v Minister Administering the Environmental Planning and Assessment Act 1979 [2010] NSWLEC 6; (2010) 170 LGERA 449 Halley v Environmental Planning and Assessment Act 1979 [2010] NSWCA 361; (2010) 178 LGERA 327 Halloran v Shoalhaven City Council; Sealark Pty Ltd v Shoalhaven City Council [1999] NSWLEC 259 Overton Investments Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 [2001] NSWCA 137; (2001) 113 LGERA 439 Ray Fitzpatrick Pty Ltd v Minister for Planning (No 5) [2008] NSWLEC 183 Serbian Cultural Club "St Sava" Inc v Roads and Traffic Authority (NSW) (No 2) [2008] NSWLEC 78 Taylor v Port Macquarie - Hastings Council [2010] NSWLEC 153; (2010) 175 LGERA 189 Walker Corp Pty Ltd v Sydney Harbour Foreshore Authority [2010] NSWLEC 27 Wollong Pty Ltd v Shoalhaven City Council [2002] NSWLEC 164; (2002) 122 LGERA 331 Category: Procedural and other rulings Parties: Diane Kay Halley (Applicant) The Minister Administering the Environmental Planning and Assessment Act 1979 (Respondent) Representation: Counsel: Mr T S Hale SC (Applicant) Mr R P L Lancaster SC (Respondent) Solicitors: Bradfield and Scott Lawyers (Applicant) Pikes Lawyers (Respondent) File Number(s): 31077 of 2008