Garners Pty Ltd v Gloucester Shire Council [2012] NSWLEC 205

Land and Environment Court New South Wales

Medium Neutral Citation: Garners Pty Ltd v Gloucester Shire Council [2012] NSWLEC 205 Hearing dates: 5 September 2012 Decision date: 05 September 2012 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) Subject to Order 2, no order as to the costs of the proceedings. (2) Applicant is to pay respondents' costs of the costs hearing. Catchwords: COSTS - of discontinued Class 4 judicial review proceedings challenging validity of two development consents - whether surrender of first consent and modification of second constituted a surrender to the applicant attracting an order that the respondents pay the applicant's costs or, on the other hand, constituted a supervening event or extra-curial activity such that no order for costs should be made. Legislation Cited: Civil Procedure Act 2005 s 98 Uniform Civil Procedure Rules 2005 rr 42.19, 42.20 State Environmental Planning Policy No 1 - Development Standards Cases Cited: Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Eather v Mosman Municipal Council [2012] NSWLEC 92 Fordyce v Fordham [2006] NSWCA 274, 67 NSWLR 497 Hayden Theatres Pty Ltd v Penrith City Council (1999) 105 LGERA 230 Kiama Council v Grant [2006] NSWLEC 96, 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, 186 CLR 622 Sydney City Council v Doltone House Wharf [2006] NSWLEC 81 Category: Costs Parties: Garners Pty Limited (Applicant) Gloucester Shire Council (First Respondent) Five D Pty Limited (Second Respondent) Representation: COUNSEL: Mr I Hemmings (Applicant) Mr A Pickles (First Respondent) Mr J Bush, solicitor (Second Respondent) SOLICITORS: Storey & Gough (Applicant) HWL Ebsworth (First Respondent) John A Bush Lawyers (Second Respondent) File Number(s): 41113/11