Hunter Environment Lobby Inc v Minister for Planning (No 3) [2012] NSWLEC 102

Land and Environment Court New South Wales

Medium Neutral Citation: Hunter Environment Lobby Inc v Minister for Planning (No 3) [2012] NSWLEC 102 Hearing dates: 3 April 2012 Decision date: 08 May 2012 Jurisdiction: Class 1 Before: Pain J Decision: The Second Respondent's application for costs is refused. The Court orders the Second Respondent to pay the Applicant's costs of the costs hearing as agreed or assessed. Catchwords: COSTS - partial costs order sought - whether fair and reasonable that the Applicant pay the Second Respondent's costs in relation to greenhouse gas issues Legislation Cited: Australian Constitution Civil Procedure Act 2005 s 4, s 56, Sch 1 Clean Energy Act 2011 (Cth) Environmental Planning and Assessment Act 1979 Pt 3A s 75 H, s 75L (repealed), Pt 4 s 79C Land and Environment Court Act 1979 Land and Environment Court Rules 2007 r 3.7 National Greenhouse and Energy Reporting Act 2007 (Cth) State Environmental Planning Policy (Major Projects) 2005 Cases Cited: Arden Anglican School v Hornsby Shire Council [2008] NSWLEC 103; (2008) 158 LGERA 224 Gerroa Environment Protection Society Inc v Minister for Planning [2008] NSWLEC 173 Hill v Blacktown City Council [2008] NSWLEC 203 Hunter Environment Lobby Inc v Minister for Planning [2011] NSWLEC 221 Hunter Environment Lobby Inc v Minister for Planning (No 2) [2012] NSWLEC 40 Newbury District Council v Secretary of State for Environment [1981] AC 578; [1980] 1 All ER 731 Port Stephens Council v Sansom [2007] NSWCA 299; (2007) 156 LGERA 200 Prestige Building Services Pty Ltd v Coffs Harbour City Council [2006] NSWLEC 72 Randall Pty Ltd v Willoughby City Council [2005] NSWCA 205; (2005) 144 LGERA 119 Statewide Developments Pty Limited v Minister for Infrastructure and Planning [2005] NSWLEC 353; (2005) 142 LGERA 154 Category: Costs Parties: Hunter Environment Lobby Inc (Applicant) Minister for Planning (First Respondent) Ulan Coal Mines Ltd (Second Respondent Representation: Mr M Seymour (Applicant) No appearance (First Respondent) Mr R Beasley SC (Second Respondent) Environmental Defender's Office Ltd (Applicant) No appearance (First Respondent) McCullough Robertson Lawyers (Second Respondent) File Number(s): 10998 of 2010