Eather v Mosman Municipal Council [2012] NSWLEC 92

Land and Environment Court New South Wales

Medium Neutral Citation: Eather v Mosman Municipal Council [2012] NSWLEC 92 Decision date: 01 May 2012 Jurisdiction: Class 4 Before: Pepper J Decision: (1) the proceedings are discontinued; (2) Mrs Eather is to pay 25% of the council's costs of the proceedings; and (3) the council is to pay 75% of Mrs Eather's costs of the motions. Catchwords: COSTS: who should pay costs upon discontinuance of the proceedings upon negotiated settlement - operation of r 42.19 of the UCPR - no hearing on the merits - no surrender - whether a supervening event removed or modified the subject-matter of the proceedings leaving only the issue of costs - conduct of the parties during the preparation of the proceedings Legislation Cited: Civil Procedure Act 2005, s 98 Environmental Planning and Assessment Act 1979, s 101 Uniform Civil Procedure Rules 2005, r 42.19 Cases Cited: Baulderstone Hornibrook Engineering Pty Limited v Gordian Runoff Limited (No 2) [2009] NSWCA 12 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Fordyce v Fordham [2006] NSWCA 274; (2006) 67 NSWLR 497 Prodromos Anastasi Foukkare v Angreb Pty Limited [2006] NSWCA 335 Kiama Council v Grant [2006] NSWLEC 96; (2006) 143 LGERA 441 Latoudis v Casey [1990 HCA 59]; (1990) 170 CLR 534 ONE.TEL Ltd v Deputy Commissioner of Taxation [2000] FCA 270; (2000) 101 FCR 548 Category: Procedural and other rulings Parties: Julian Eather (Applicant) Mosman Municipal Council (First Respondent) Richard Madden (Second Respondent) Rosamond Wood (Third Respondent) Representation: Mr I Hemmings (Applicant) Mr J Lazarus (First Respondent) Diamond Conway Lawyers (Applicant) Pikes Lawyers (First Respondent) File Number(s): 40212 of 2011