Friends of Turramurra Inc v Minister for Planning (No 2) [2011] NSWLEC 170

Land and Environment Court New South Wales

Medium Neutral Citation: Friends of Turramurra Inc v Minister for Planning (No 2) [2011] NSWLEC 170 Hearing dates: Written submissions (25 August 2011, 6 September 2011 and 14 September 2011) Decision date: 29 September 2011 Jurisdiction: Class 4 Before: Craig J Decision: 1. The first respondent is to pay 50 percent of the applicant's costs of the proceedings. 2. Each party should pay its own costs of the applicant's notice of motion filed on 4 August 2011. Catchwords: COSTS - discretion to award costs pursuant to r 42.1 of the Uniform Civil Procedure Rules - whether costs should be apportioned - applicant succeeded on two of the six grounds of challenge argued - foundation of unsuccessful grounds separable from those that founded the successful grounds - costs apportioned without applying "mathematical precision" - whether apportionment should be adjusted on the basis of "public interest" - proceeding did not satisfy the requisite tests for public interest - no public interest adjustment made Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan (Town Centres) 2010 Uniform Civil Procedure Rules 2005 Cases Cited: Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) [2010] NSWLEC 59; (2010) 173 LGERA 280 Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd [1993] FCA 259; (1993) 26 IPR 261 F & D Bonaccorso Pty Ltd v City of Canada Bay Council (No 5) [2008] NSWLEC 235 Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 Hastings Point Progress Association Inc v Tweed Shire Council (No 3) [2010] NSWCA 39; (2010) 172 LGERA 157 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Minister for Planning v Walker (No 2) [2008] NSWCA 334 Wilderness Society Inc v Minister for Environment and Water Sources [2008] FCAFC 19; (2008) 157 LGERA 413 Category: Costs Parties: Friends of Turramurra Inc (Applicant) Minister For Planning (First Respondent) Ku-ring-gai Planning Panel (Second Respondent) Representation: COUNSEL Mr R White (Applicant) Mr J Hutton (Respondents) SOLICITORS Environmental Defender's Office (Applicant) Department of Planning (Respondents) File Number(s): 40672 of 2010