Pet Carriers International Pty Limited v Botany Bay City Council (No 2) [2013] NSWLEC 150

Land and Environment Court New South Wales

Medium Neutral Citation: Pet Carriers International Pty Limited v Botany Bay City Council (No 2) [2013] NSWLEC 150 Hearing dates: 19 August 2013 Decision date: 13 September 2013 Jurisdiction: Class 1 Before: Preston CJ Decision: 1. The applicant's notices of motion dated 15 May 2013 are dismissed. 2. The applicant is to pay the respondent's costs in relation to the applicant's notices of motion dated 15 May 2013. Catchwords: COSTS - applicant used building for pet transportation business without consent - Council issued order to applicant requiring it to cease use of the building - applicant appeals against Council's refusal of development application for use - Commissioner grants development consent to applicant for use of the building for pet transportation business and revokes Council's order - applicant applies for costs on the appeals - whether it was fair and reasonable for costs orders - characterisation of use part of evaluation of merits - Council's defence of appeals not unreasonable - not fair and reasonable to make costs orders - applicant to pay respondent's costs on the applications for costs Legislation Cited: Environmental Planning and Assessment Act 1979 ss 76A, 97, 121B, 121ZK Land and Environment Court Act 1979 s 56A, 69(2) Legal Profession Act 1987 s 198J Legal Profession Act 2004 s 347(1) Land and Environment Court Rules 2007 Pt 3 r 3.7 Cases Cited: Botany Bay City Council v Pet Carriers International Pty Ltd [2013] NSWLEC 147 Lemoto v Able Technical Pty Ltd [2005] NSWCA 153; (2005) 63 NSWLR 300 Pet Carriers International Pty Ltd v Botany Bay Council [2013] NSWLEC 1077 Category: Costs Parties: Pet Carriers International Pty Limited (Applicant) Botany Bay City Council (Respondent) Representation: Mr J S van Aalst (Barrister) (Applicant) Mr T S Hale SC (Respondent) John Hertz and Associates (Applicant) Houston Dearn O'Connor (Respondent) File Number(s): 10943 and 11006 of 2012 Publication restriction: No