Shellharbour City Council v Minister for Planning (No 2) [2012] NSWLEC 96

Land and Environment Court New South Wales

Medium Neutral Citation: Shellharbour City Council v Minister for Planning (No 2) [2012] NSWLEC 96 Hearing dates: On the papers (written submissions) Decision date: 04 May 2012 Jurisdiction: Class 4 Before: Craig J Decision: The applicant must pay the costs of each respondent, including the costs that each of them has incurred in addressing the application for costs. Catchwords: COSTS: - public interest litigation - discretion of Court to depart from usual order where applicant unsuccessful - Land and Environment Court rule 4.2 - narrow issue of interpretation - proceeding did not satisfy requisite tests for exercise of discretion - no evidence of "something more" to justify departure from the usual rule - "Hardiman" principle not offended by Minister's participation - no unreasonable duplication of costs - applicant ordered to pay costs of each respondent Legislation Cited: Civil Procedure Act 2005, s 98(1) Environmental Planning and Assessment Act 1979, Pt 3A, s 75O(3) Environmental Planning and Assessment Regulation 2000, cl 8N(1) Local Government Act 1993 Shellharbour Rural Local Environmental Plan 2004 State Environmental Planning Policy (Major Projects) 2005, cl 3(1) Uniform Civil Procedure Rules 2005, Pt 6 r 6.24, Pt 42 r 42.1 Cases Cited: Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) [2010] NSWLEC 59; (2010) 173 LGERA 280 Hastings Point Progress Association Inc v Tweed Shire Council (No 3) [2010] NSWCA 39; (2010) 172 LGERA 157 Kindimindi Investments Pty Ltd v Lane Cove Council [2006] NSWLEC 17; (2006) 143 LGERA 268 McGovern v Ku-ring-gai Council [2008] NSWCA 209; (2008) 72 NSWLR 504 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Pearse v Sharpe (No 2) [2008] NSWLEC 81 R v Australian Broadcasting Tribunal; Ex parte Hardiman [1980] HCA 13; (1980) 144 CLR 13 Shellharbour City Council v Minister for Planning [2012] NSWLEC 29 Category: Costs Parties: Shellharbour City Council (Applicant) Minister For Planning (First Respondent) Delfin Lend Lease Limited (Second Respondent) Representation: Mr D Gray (solicitor) (Applicant) Ms K Richardson with Mr S Shearer (First Respondent) Mr P Lalich (solicitor) (Second Respondent) Sparke Helmore Lawyers (Applicant) Department of Planning, Legal Branch (First Respondent) Allens Arthur Robinson Lawyers (Second Respondent) File Number(s): 40183 of 2011