Jeffman Pty Ltd and Lawrence Dry Cleaners Pty Ltd v Environment Protection Authority of NSW, Sydney Water Corporation and Douglas and Hilary Hutchinson (No 2) [2011] NSWLEC 205

Land and Environment Court New South Wales

Medium Neutral Citation: Jeffman Pty Ltd and Lawrence Dry Cleaners Pty Ltd v Environment Protection Authority of NSW, Sydney Water Corporation and Douglas and Hilary Hutchinson (No 2) [2011] NSWLEC 205 Hearing dates: 25 October 2011 Decision date: 16 November 2011 Jurisdiction: Class 1 Before: Preston CJ Decision: 1. The applications of the first applicant and of the second respondent for an order for costs of the proceedings are each dismissed. 2. Each of the first applicant and the second respondent is to pay their own costs of the respective applications for costs. 3. The exhibits may be returned. Catchwords: COSTS: appeal by polluters against management order to remediate contaminated land - joinder of neighbouring, affected landowners - management order made by court in different terms - both polluters and neighbouring landowners partially successful - a polluter and a neighbouring landowner apply for costs of proceedings - no order for costs unless fair and reasonable - neither polluter nor neighbouring landowner established circumstances making costs order fair and reasonable - no unreasonable conduct leading up to commencement or in conduct of the proceedings - proceedings not brought for improper purpose - no order for costs made Legislation Cited: Contaminated Land Management Act 1997 s 14 Protection of the Environment Operations Act 1997 Land and Environment Court Rules 2007 Pt 3 r 3.7(2) Uniform Civil Procedure Rules 2005 Pt 1 r 1.5(2) and Sch 1, Pt 42 r 42.1 Cases Cited: Jeffman Pty Ltd and Lawrence Dry Cleaners Pty Ltd v Environment Protection Authority of NSW, Sydney Water Corporation and Douglas and Hilary Hutchinson [2010] NSWLEC 89 Category: Costs Parties: Jeffman Pty Ltd and Lawrence Dry Cleaners Pty Ltd (Applicants) Environment Protection Authority of NSW (First Respondent) Sydney Water Corporation (Second Respondent) Douglas and Hilary Hutchinson (Third and Fourth Respondents) Representation: Mr D M Wilson (barrister) (First Applicant) Mr C H Withers (barrister) (Second Respondent) Henry Davis York (First Applicant) Clayton Utz (Second Respondent) File Number(s): 10446 of 2010