Moorebank Recyclers Pty Ltd v Liverpool City Council (No 5) [2013] NSWLEC 132

Land and Environment Court New South Wales

Medium Neutral Citation: Moorebank Recyclers Pty Ltd v Liverpool City Council (No 5) [2013] NSWLEC 132 Hearing dates: 12 August 2013 Decision date: 16 August 2013 Jurisdiction: Class 3 Before: Biscoe J Decision: The second respondent is to pay 5 per cent of the applicant's costs and is to indemnify the applicant for 5 per cent of the costs which the applicant is liable to pay the first respondent. Catchwords: COSTS - easements of carriageway and construction granted under s 88K Conveyancing Act 1919 - whether a neighbour joined as a respondent to protect its intertwined interests should be ordered to pay part of applicant's costs and part of the costs applicant was ordered to pay the respondent owner of the servient tenement - whether in such a case costs follow the event - whether the applicant and the neighbour respectively won and lost - whether the neighbour's conduct of the proceedings was such as to unreasonably prolong the proceedings. Legislation Cited: Environmental Planning and Assessment Act 1979 Part 3A Land and Environment Court Act 1979 s 20(1)(cj) Conveyancing Act 1919 s 88K Civil Procedure Act 2005 s 98 Uniform Civil Procedure Rules 2005 Part 42, r 42.1 Cases Cited: 117 York Street Pty Ltd v Proprietors of Strata Plan No 16123 (1998) 43 NSWLR 504 Khattar v Wiese [2005] NSWSC 1014 Mitchell v Boutagy [2001] NSWSC 1045, (2001) 118 LGERA 249 Moorebank Recyclers Pty Ltd v Liverppool City Council, SC/NSW, 22 February 2013, unreported Moorebank Recyclers Pty Ltd v Liverpool City Council [2013] NSWLEC 33 Moorebank Recyclers Pty Ltd v Liverpool City Council (No 2) [2013] NSWLEC 93 Moorebank Recyclers Pty Ltd v Liverpool City Council (No 3 ) [2013] NSWLEC 95 Moorebank Recyclers Pty Ltd v Liverpool City Council (No 4) [2013] NSWLEC 129 Owners Strata Plan 13635 v Ryan [2006] NSWSC 342 Rainbowforce Pty Ltd v Skyton Holdings Pty Ltd [2010] NSWLEC 2, (2010) 171 LGERA 286 Category: Costs Parties: Moorebank Recyclers Pty Ltd (Applicant) Liverpool City Council (First Respondent) Tanlane Pty Ltd (Second Respondent) Representation: COUNSEL: J Lazarus (Applicant) N/A (First Respondent) T S Hale SC and Z Steggall (Second Respondent) SOLICITORS: Mark McDonald & Associates (Applicant) N/A (First Respondent) Minter Ellison (Second Respondent) File Number(s): 30141/13