McAuley v Northern Region Joint Regional Planning Panel (No 2) [2013] NSWLEC 133
NSW Caselaw
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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.
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DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.
Decision last updated: 15 August 2013
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