Ralph Lauren 57 Pty Limited v Byron Shire Council [2014] NSWCA 107

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ralph Lauren 57 Pty Limited v Byron Shire Council [2014] NSWCA 107 Hearing dates: 21 October 2013 Decision date: 07 April 2014 Before: Beazley P at [1]; Ward JA at [2]; Preston CJ of LEC at [3] Decision: (1) Dismiss each summons seeking leave to appeal in proceedings CA 2013/13396 and 2013/13401 against the decision of Sheahan J of the Land and Environment Court of NSW on 20 December 2012. (2) Dismiss each notice of motion filed on 23 September 2013 in proceedings CA 2013/13396 and 2013/13401 seeking an order to discharge the orders and decision of Leeming JA of this Court on 9 September 2013. (3) Dismiss each notice of motion filed on 11 October 2013 in proceedings CA 2013/13396 and 2013/13401 seeking an order that this Court receive into evidence certain documents. (4) Order the applicants to pay the first respondent's costs of proceedings CA 2013/13396 and 2013/13401. Catchwords: COSTS - discontinued proceedings - whether primary judge erred in ordering parties to pay own costs - whether discontinuing plaintiff achieved practical success - whether achieving some practical success sufficient to justify costs in discontinuing plaintiff's favour - whether defendant had acted unreasonably - primary judge did not err - leave to appeal refused

PROCEDURE - leave to reopen - whether primary judge erred in refusing to grant leave to reopen - whether sufficient justification given to reopen - no sufficient justification given - primary judge's decision did not involve an error of law - primary judge's decision did not cause substantial injustice - leave to appeal refused