Noun v Sutherland Shire Council (No 2) [2012] NSWLEC 39

Land and Environment Court New South Wales

Medium Neutral Citation: Noun v Sutherland Shire Council (No 2) [2012] NSWLEC 39 Hearing dates: 12 March 2012 Decision date: 13 March 2012 Jurisdiction: Class 1 Before: Pain J Decision: 1. The Council is to pay the Applicant's costs of the hearing on 7 April 2011 as agreed or assessed. 2. The Council is to pay the Applicant's costs of the Applicant's Notice of Motion filed 11 November 2011 as agreed or assessed. Catchwords: COSTS - whether fair and reasonable in merits appeal under Land and Environment Court Act 1979 s 97 to award costs incurred in relation to contention introduced late by local council not in accordance with Class 1 practice directions - exercise of discretion to award partial costs Legislation Cited: Civil Procedure Act 2005 s 56, s 98 Environmental Planning and Assessment Act 1979 s 97 Land and Environment Court Rules 2007 r 3.7(3) Sutherland Shire Development Control Plan 2006 Ch 9 Sutherland Shire Local Environment Plan 2006 cl 18 Uniform Civil Procedure Rules 2005 Pt 1 r 1.5, Pt 42 r 42.1, Sch 1 Cases Cited: Noun v Sutherland Shire Council [2011] NSWLEC 1243 Category: Costs Parties: Debra Ann Noun (Applicant) Sutherland Shire Council (Respondent) Representation: Mr P Tomasetti SC (Applicant) Mr R O'Gorman-Hughes (Respondent) MCW Lawyers (Applicant) Sutherland Shire Council (Respondent) File Number(s): 10391 of 2010