John Williams Neighbourhood Group Inc v Minister for Planning & Murlan Consulting Pty Limited [2011] NSWLEC 100

Land and Environment Court New South Wales

Medium Neutral Citation: John Williams Neighbourhood Group Inc v Minister for Planning & Murlan Consulting Pty Limited [2011] NSWLEC 100 Hearing dates: 10 March 2011 Decision date: 16 June 2011 Jurisdiction: Class 4 Before: Sheahan J Decision: (1)the applicant's notice of motion is dismissed; (2)the second respondent's notice of motion seeking security for costs is upheld; (3)pursuant to Rule 42.21 of the Uniform Civil Procedure Rules 2005, the applicant is ordered to provide within 28 days security for the costs of the second respondent in the sum of $50,000 by way of unconditional bank guarantee or in some other form acceptable to the Registrar and the second respondent; (4)these proceedings are stayed until Order (3) has been complied with; (5)the parties have liberty to apply in respect of the implementation of Order (3); (6)the substantive matter is stood over to the List Judge's list on Friday 29 July 2011 for the making of further directions, as necessary and appropriate; (7)the applicant is ordered to pay the costs of both respondents in respect of the hearing of the two notices of motion, on a party-party basis, as agreed or assessed; and (8)Exhibit M2 will remain in the court's file, but all other exhibits are returned. Catchwords: PRACTICE AND PROCEDURE: applications for maximum costs order and security for costs order - public interest litigation - principles to apply Legislation Cited: Associations Incorporation Act 1984 (NSW) Associations Incorporation Regulation 2010 Environmental Planning and Assessment Act 1979 (NSW) Land and Environment Court Rules 2007 (NSW) Protection of the Environment Operations Act 1997 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Anderson on behalf of Numbahjing Clan within Bundjalung Nation v NSW Minister for Planning (No 2) [2008] NSWLEC 272; (2008) 163 LGERA 132 Blue Mountains Conservation Society Inc v Delta Electricity [2009] NSWLEC 150; (2009) 170 LGERA 1 Brandi v Mingot (1976) 12 ALR 551 Burrell Place Community Action Group Incorporated v Griffith City Council [2009] NSWLEC 120 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd and Another [2009] NSWLEC 165; (2009) 170 LGERA 22 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No.2) [2010] NSWLEC 1; (2010) 172 LGERA 25 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No.3) [2010] NSWLEC 59; (2010) 173 LGERA 280 Darlinghurst Residents Association v Elarosa Investments Pty Limited & Anor (No 3) (1992) 75 LGRA 214 Delta Electricity v Blue Mountains Conservation Society Inc [2010] NSWCA 263; (2010) 176 LGERA 424 Engadine Area Traffic Action Group Inc v Sutherland Shire Council (No 2) [2004] NSWLEC 434; (2004) 136 LGERA 365 Hastings Point Progress Association Inc v Tweed Shire Council (No 3) [2010] NSWCA 39; (2010) 172 LGERA 157 Idoport Pty Ltd & Anor v National Australia Bank Ltd & 8 Ors; Idoport Pty Ltd & Market Holdings Pty Ltd v Donald Robert Argus; Idoport Pty Ltd "JMG" v National Australia Bank Ltd (No 35) [2001] NSWSC 744 Jones v Dunkel (1959) 101 CLR 298 Kennedy v Stockland Development Pty Ltd & Anor (No.2) [2011] NSWLEC 10 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Melville v Craig Nowlan & Associates Pty Ltd and Anor [2002] NSWCA 32; (2002) 119 LGERA 186 Merribee Pastoral Industries Pty Ltd v Australia & New Zealand Banking Group Ltd [1998] HCA 41; (1998) 193 CLR 502 Minister for Planning v Walker (No 2) [2008] NSWCA 334 Oshlack v Richmond River Council & Iron Gates Developments Pty Ltd (1994) 82 LGERA 236 Oshlack v Richmond River Council [1998] HCA 11; (1998) 195 CLR 72 Rajski v Computer Manufacture & Design Pty Limited [1982] 2 NSWLR 443 Ruddock v Vadarlis (No.2) (2001) 115 FCR 229 Sharples v Minister for Local Government (No 2) [2009] NSWLEC 62 Vilro Pty Ltd (In Voluntary Liquidation) v Roads and Traffic Authority NSW [2010] NSWLEC 234 Category: Interlocutory applications Parties: John Williams Neighbourhood Group Inc (Applicant) Minister for Planning (First Respondent) Murlan Consulting Pty Limited (Second Respondent) Representation: Mr P Ibbotson, Solicitor (Applicant) Mr A Shearer, Barrister (First Respondent) Mr S Nash, Barrister (Second Respondent) Maddocks Lawyers (Applicant) Legal Services Branch, Department of Planning (First Respondent) Addisons Commercial Lawyers (Second Respondent) File Number(s): 40701 of 2010