Greenwood v Warringah Council (No 2) [2013] NSWLEC 3

Land and Environment Court New South Wales

Medium Neutral Citation: Greenwood v Warringah Council (No 2) [2013] NSWLEC 3 Hearing dates: 26 September 2012 Decision date: 29 January 2013 Before: Sheahan J Decision: 1. The respondent Council is ordered to pay the costs of the applicant in respect of these class 4 proceedings, and of the post-judgment argument about costs, including the hearing on 26 September 2012, on a party-party basis, as agreed or assessed. 2. Each party should pay its own costs of finalising the orders to be made, concluding the proceedings, between 9 July and 7 August 2012. 3. Exhibit G1 is retained. Catchwords: COSTS: Applicant partially successful in class 4 proceedings -principles to apply - question of apportionment - Calderbank principles in respect of the costs of a costs hearing Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Uniform Civil Procedure Rules 2005 Cases Cited: Brown v Randwick City Council (No 2) [2012] NSWLEC 28 Calardu Warrawong (Home Starters) Pty Limited v Wollongong City Council [2008] NSWLEC 265 Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 F & D Bonaccorso Pty Ltd v City of Canada Bay Council (No 5) [2008] NSWLEC 235 Friends of Turramurra Inc v Minister for Planning (No 2) [2011] NSWLEC 170 Greenwood v Warringah Council [2012] NSWLEC 152; 189 LGERA 423 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Latoudis v Casey [1990] HCA 59; 170 CLR 534 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Oshlack v Rous Water (No 3) [2012] NSWLEC 132 Tomanovic v Global Mortgage Equity Corporation Pty Ltd (no 2) [2011] NSWCA 256; 288 ALR 385 Category: Costs Parties: Scott Greenwood (Applicant) Warringah Council (Respondent) Representation: Mr A Pickles, barrister (Applicant) Mr I Hemmings, barrister (Respondent) Michael Flaherty Solicitors (Applicant) Storey and Gough (Respondent) File Number(s): 40404 of 2011