Cessnock City Council v Rush [2012] NSWLEC 178

Land and Environment Court New South Wales

Medium Neutral Citation: Cessnock City Council v Rush [2012] NSWLEC 178 Hearing dates: 24 July 2012 Decision date: 27 July 2012 Jurisdiction: Class 4 Before: Pain J Decision: See paragraph 43 Catchwords: COSTS - exercise of discretion to award costs in Class 4 proceedings where consent orders filed - no relevant event to inform award of costs as no hearing on merits - conduct of parties during the proceedings - partial award of costs made Legislation Cited: Civil Procedure Act 2005 s 98 Local Government (General) Regulation 2005 cl 241(1) Public Interest Disclosures Act 1994 s 20B Uniform Civil Procedure Rules 2005 Pt 42 r 42.1 Cases Cited: Kiama Council v Grant [2006] NSWLEC 96; (2006) 143 LGERA 441 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Re the Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; 186 CLR 622 Category: Costs Parties: Cessnock City Council (Applicant) Martin Rush (First Respondent) Cordelia Burcham (Second Respondent) Bob Pysent (Third Respondent) James Ryan (Fourth Respondent) Neil Gorman (Fifth Respondent) Dale Troy (Sixth Respondent) Chris Parker (Seventh Respondent) James Hawkins (Eighth Respondent) Allen McCudden (Ninth Respondent) Jeff Maybury (Tenth Respondent) Graham Smith (Eleventh Respondent) Representation: Mr P McEwen SC (Applicant) Mr J Ryan (Fourth Respondent - in person) Mr C Parker (Seventh Respondent - in person) Sparke Helmore Lawyers (Applicant) File Number(s): 40481 of 2012