McAuley v Northern Region Joint Regional Planning Panel (No 2) [2013] NSWLEC 133

Land and Environment Court New South Wales

Medium Neutral Citation: McAuley v Northern Region Joint Regional Planning Panel (No 2) [2013] NSWLEC 133 Hearing dates: On the papers Decision date: 13 August 2013 Jurisdiction: Class 3 Before: Craig J Decision: By consent the Applicant must pay the costs of the proceedings of both the Third and Fourth Respondents, as agreed or assessed. Catchwords: COSTS - third and fourth respondents successful in the proceedings - costs agreed Cases Cited: McAuley v Northern Region Joint Regional Planning Panel [2013] NSWLEC 125 Category: Costs Parties: Karen Lynette McAuley (Applicant) North Wish Pty Ltd (Third Respondent) Adele Dundas Inc (Fourth Respondent) Representation: N/A (Applicant) N/A (Third and Fourth Respondent) Fishburn Watson O'Brien Solicitors (Applicant) Bartier Perry Solicitors (Third and Fourth Respondents) File Number(s): 41068 of 2012

ex tempore Judgment 1Judgment was delivered in this matter on 2 August 2013 (McAuley v Northern Region Joint Regional Planning Panel [2013] NSWLEC 125). As will be apparent the Third and Fourth Respondents to the proceedings were successful. 2Observations were made in the judgment as to the potential costs consequences for the Applicant. However, as costs had not been argued in the course of the principal hearing I ordered that costs be reserved. Directions were given for a party seeking an order for costs to provide a short written submission in support of an application. 3The parties have now notified my Associate that costs have been agreed. An order in that regard is to be made by consent. In accordance with that agreement I make the following order: 1. By consent the Applicant must pay the costs of the proceedings of both the Third and Fourth Respondents, as agreed or assessed.