McGinn -v- Ashfield Council [2011] NSWLEC 105

Land and Environment Court New South Wales

Medium Neutral Citation: McGinn -v- Ashfield Council [2011] NSWLEC 105 Hearing dates: 23 June 2011 Decision date: 04 July 2011 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) Proceedings dismissed. (2) Respondent to pay Applicant's costs until and including 16 December 2010 with the exception of Respondent's notice of motion filed on 8 November 2010 in respect of which there is no order for costs. (3) Applicant to pay Respondent's costs from 17 December 2010. Catchwords: JUDICIAL REVIEW:- whether Respondent formed an opinion based on incorrect information; COSTS - whether no costs order should be made against unsuccessful applicant in proceedings brought in the public interest. Legislation Cited: Ashfield Development Control Plan 2007 Civil Procedure Act 2005 ss 11, 98 Land and Environment Court Rules 2007 r 4.2 Uniform Civil Procedure Rules 2005 rr 1.7, 42.1 Cases Cited: Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) [2010] NSWLEC 59, 173 LGERA 280 Hastings Point Progress Association Inc v Tweed Shire Council (No 3) [2010] NSWCA 39, 172 LGERA 157 John Williams Neighbourhood Group Inc v Minister for Planning [2011] NSWLEC 100 McGinn v Ashfield Council [2011] NSWLEC 84 Oshlack v Richmond River Council [1998] HCA 11, 193 CLR 72 Sinclair v Mining Warden at Maryborough [1975] HCA 17, 132 CLR 473 Category: Principal judgment Parties: Sophia McGinn (Applicant) Ashfield Council (Respondent) Representation: Counsel: Ms S McGinn in person (Applicant) Mr P R Clay (Respondent) Solicitors: Wilshire Webb Staunton Beattie (Respondent) File Number(s): 40554 of 2010