Brown v Randwick City Council (No 2) [2012] NSWLEC 28

Land and Environment Court New South Wales

Medium Neutral Citation: Brown v Randwick City Council (No 2) [2012] NSWLEC 28 Hearing dates: 8 February 2012 Decision date: 08 February 2012 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court orders that the first respondent, and the second and third respondents, pay the applicant's costs of the proceedings, including the costs of the applications for costs of the proceedings. Catchwords: COSTS - judicial review of development consent - applicant successful on some but not all grounds of review - whether costs should be apportioned according to success on grounds of review - apportionment order not fair or just - whether both unsuccessful consent authority and beneficiary of consent should be liable for applicant's costs - consent authority made submitting appearance except as to costs - both should be liable for applicant's costs - consent authority made errors that caused litigation - beneficiary actively defended litigation - whether consent authority should be liable for beneficiary's costs - not fair or just that consent authority pay beneficiary's costs of their defence. Legislation Cited: Environmental Planning and Assessment Act 1979 s 101 Uniform Civil Procedure Rules Pt 42 r 42.1 Cases Cited: Australians for Sustainable Development Inc v Minister for Planning (No 2) [2011] NSWLEC 70 Brown v Randwick City Council [2011] NSWLEC 172; (2011) 183 LGERA 382 Centro Properties Limited v Hurstville City Council [2004] NSWLEC 718 Cutcliffe v Lithgow City Council [2006] NSWLEC 463 F & D Bonaccorso Pty Ltd v City of Canada Bay Council (No 3) [2003] NSWLEC 569 F & D Bonaccorso Pty Ltd v City of Canada Bay Council (No 5) [2008] NSWLEC 235 Friends of Turramurra Inc v Minister for Planning (No 2) [2011] NSWLEC 170 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 McCallum v Sandercock (No 2) [2011] NSWLEC 203 Category: Costs Parties: Roland Alwyn Brown (Applicant) Randwick City Council (First Respondent) Alan Sandilands (Second Respondent) Wallis Sandilands (Third Respondent) Representation: Mr S J Free (Barrister) (Applicant) Mr M D Seymour (Barrister) (First Respondent) Dr S M Berveling (Barrister) (Second and Third Respondents) Maddocks Lawyers (Applicant) Marsdens Law Group (First Respondent) Comino Prassas (Second and Third Respondents) File Number(s): 40393 of 2011