Turnbull v Director-General of the Department of Premier and Cabinet (No 2) [2012] NSWLEC 124

Land and Environment Court New South Wales

Medium Neutral Citation: Turnbull v Director-General of the Department of Premier and Cabinet (No 2) [2012] NSWLEC 124 Hearing dates: 29 May 2012 Decision date: 30 May 2012 Jurisdiction: Class 1 Before: Pain J Decision: The Court orders the Respondent to pay the Applicant's costs of the proceedings not covered by the costs order made in Turnbull v Director-General of the Department of Premier and Cabinet [2012] NSWLEC 121. Catchwords: COSTS - whether fair and reasonable to award costs when appeal dismissed after stop work order the subject of the appeal revoked by the Director-General before final hearing Legislation Cited: Environmental Planning and Assessment Act 1979 s 121B Land and Environment Court Rules 2007 r 3.7 Native Vegetation Act 2003 s 39(1) Noxious Weeds Act 1993 s 18 Cases Cited: Council of the City of Sydney v Palladium Management Pty Limited (No 2) [2007] NSWLEC 129 Euro Sweets (NSW) Pty Ltd v Pittwater Council [2011] NSWLEC 92 Gracewood Australia Pty Ltd v State Water Corporation [2008] NSWLEC 292 J A Westaway and Son Pty Ltd v Manly Council [2005] NSWLEC 565 Kiama v Grant [2006] NSWLEC 96; (2006) 143 LGERA 441 Murray v Valaire (No 2) [2001] NSWLEC 241 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Scheele v Cooma Monaro Shire Council [2004] NSWLEC 768 Turnbull v Director-General of the Department of Premier and Cabinet [2012] NSWLEC 121 Category: Costs Parties: Ian Robert Turnbull (Applicant) Director-General of the Department of Premier and Cabinet (Respondent) Representation: Mr T Alexis SC with Ms H Irish (Applicant) Mr P Barley with Ms A Essex (solicitors) (Respondent) Cole & Butler (Applicant) Office of Environment and Heritage, Department of Premier and Cabinet File Number(s): 10316 of 2012