DEXUS Funds Management Limited v Blacktown City Council (No 4) [2012] NSWLEC 60

Land and Environment Court New South Wales

Medium Neutral Citation: DEXUS Funds Management Limited v Blacktown City Council (No 4) [2012] NSWLEC 60 Hearing dates: 22 March 2012 Decision date: 23 March 2012 Jurisdiction: Class 4 Before: Pain J Decision: 1. The Second Respondent is to pay 80 per cent of the Applicant's costs of the substantive proceedings as agreed or assessed apart from the costs the subject of the order of Craig J made on 1 September 2011. 2. The Second Respondent is to pay the costs of the costs hearing as agreed or assessed. Catchwords: COSTS - exercise of discretion to award costs where Applicant successful in Class 4 proceedings after late amendment of claim Legislation Cited: Civil Procedure Act 2005 s 98 Conveyancing Act 1919 s 88 Environmental Planning and Assessment Act 1979 s 97 Uniform Civil Procedure Rules 2005 r 42.1 Cases Cited: Cutcliffe v Lithgow City Council [2006] NSWLEC 463 (2006); 147 LGERA 330 DEXUS Funds Management Limited v Blacktown City Council (No 3) [2011] NSWLEC 230 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Trenwith v Sutherland Shire Council (No 3) [2006] NSWLEC 490 Category: Costs Parties: DEXUS Funds Management Limited (Applicant) Blacktown City Council (First Respondent) Plumpton Park Developments Pty Ltd (Second Respondent) Representation: Mr N Hemmings QC (Applicant) Mr J Lazarus (First Respondent)Ms A Pearman (Second Respondent) Allens Arthur Robinson (Applicant) Lindsay Taylor Lawyers (First Respondent) Eakin McCaffery Cox Solicitors (Second Respondent) File Number(s): 40430 of 2011