Parramatta Business Freedom Association Inc v Parramatta City Council (No 2) [2012] NSWLEC 176

Land and Environment Court New South Wales

Medium Neutral Citation: Parramatta Business Freedom Association Inc v Parramatta City Council (No 2) [2012] NSWLEC 176 Hearing dates: 26 July 2012 Decision date: 27 July 2012 Jurisdiction: Class 4 Before: Biscoe J Decision: The respondent is to pay 75 per cent of the applicants' costs in both proceedings. Catchwords: COSTS - Class 4 proceedings - applicants successful - whether there should be departure from usual rule that costs follow the event by way of apportionment of costs. Legislation Cited: Civil Procedure Act 2005 s 98 Land and Environment Court Rules 2007 r 4.2 Uniform Civil Procedure Rules 2005 r 42.1 Smoking in Public Places Policy December 2011 Cases Cited: Brown v Randwick City Council (No 2) [2012] NSWLEC 28 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) [2010] NSWLEC 59, 173 LGERA 280 James v Surf Road Nominees Pty Ltd [No 2] [2005] NSWCA 296 Oshlack v Richmond River Council [1998] HCA 11, 193 CLR 72 Oshlack v Rous Water (No 3) [2012] NSWLEC 132 Parramatta Business Freedom Association Inc v Parramatta City Council [2012] NSWLEC 139 Category: Costs Parties: 40385/12 Parramatta Business Freedom Association Inc (First Applicant) Armani at Parramatta Pty Ltd (Second Applicant) Parramatta City Council (Respondent)

40536/12 Armani at Parramatta Pty Ltd (Applicant) Parramatta City Council (Respondent) Representation: COUNSEL: Mr M Baird (Applicants) Ms K Richardson (Respondent) SOLICITORS: Barrak Lawyers (Applicants) Ashurst (Respondent) File Number(s): 40385/12, 40536/12