Presrod Pty Limited v Wollongong City Council (No 2) [2013] NSWLEC 178

Land and Environment Court New South Wales

Medium Neutral Citation: Presrod Pty Limited v Wollongong City Council (No 2) [2013] NSWLEC 178 Hearing dates: 5 June 2013 Decision date: 24 October 2013 Jurisdiction: Class 1 Before: Sheahan J Decision: (1) The applicant is ordered to pay the costs of the substantive proceedings, except those relating to the merits issues. (2) The applicant is ordered to pay the costs of the hearing of the Notice of Motion for costs. (3) All exhibits are returned to the parties. Catchwords: COSTS: Class 1 proceedings concluded by findings on issues of law at a hearing which also dealt with merits - principles to apply - costs of motion for costs Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Land and Environment Court Rules 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103; (2013) 195 LGERA 182 BYT Nominees Pty Ltd v North Sydney Council (No 3) [2008] NSWLEC 294 Ekermawi v Bennett (No 2) [2010] NSWLEC 40 Grant v Kiama Municipal Council [2006] NSWLEC 70 Port Stephens Council v Sansom [2007] NSWCA 299; (2007) 156 LGERA 125 Presrod Pty Ltd v Wollongong City Council [2012] NSWLEC 240 Residents Against Improper Development Inc v Chase Property Investments Pty Ltd [2006] NSWCA 323; (2006) 149 LGERA 360 Sky Design and Concepts Pty Ltd v Pittwater Council (No 5) [2009] NSWLEC 174 Category: Costs Parties: Presrod Pty Limited (Applicant) Wollongong City Council (Respondent) File Number(s): 10101 of 2012