Save Little Beach Manly Foreshore Incorporated v Manly Council [2013] NSWLEC 155

Land and Environment Court New South Wales

Medium Neutral Citation: Save Little Beach Manly Foreshore Incorporated v Manly Council [2013] NSWLEC 155 Hearing dates: 23 September 2013 Decision date: 23 September 2013 Jurisdiction: Class 4 Before: Biscoe J Decision: Respondent's notice of motion for security for costs filed on 17 September 2013 is dismissed with costs. Catchwords: COSTS - security for costs - respondent moves for security for costs on eve of hearing of judicial review proceedings - motion dismissed for three reasons - first, Court has no power to order security for costs in judicial review proceedings except in exceptional circumstances and there are no exceptional circumstances - secondly, the proceedings were brought in the public interest - thirdly and alternatively, costs should be refused in the general discretion of the Court, having regard in particular to the fact that the proceedings involve a matter of public importance, the timing of motion and whether an order for security would stifle the proceedings. Legislation Cited: Corporations Act 2001 (Cth) s 1335(1) Local Government Act 1993 ss 45(1), 54, 729 Land and Environment Court Rules 2007 r 4.2(1), 4.2(2)

Uniform Civil Procedure Rules 2005 rr 42.21, 42.21(1A), 59.11 Cases Cited: ACN 105 921 962 Pty Ltd v Wiggett [2012] NSWSC 1526 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) [2010] NSWLEC 59, (2010) 173 LGERA 280 Friends of King Edward Park Inc v Newcastle City Council [2012] NSWLEC 113, (2012) 194 LGERA 226 Hastings Point Progress Association Inc v Tweed Shire Council (No 3) [2010] NSWCA 39, (2010) 172 LGERA 157 Oshlack v Rous Water (No 3) [2012] NSWLEC 132 Wollongong City Council v Legal Business Centre Pty Ltd [2012] NSWCA 245 Category: Procedural and other rulings Parties: Save Little Beach Manly Foreshore Incorporated (Applicant) Manly Council (Respondent) Representation: COUNSEL: I King with J Longworth (Applicant) P McEwen SC (Respondent) SOLICITORS: Woolf Associates (Applicant) Marsdens Law Group (Respondent) File Number(s): 40549/13