Walker v Siasat [2014] NSWLEC 86

Land and Environment Court New South Wales

Medium Neutral Citation: Walker v Siasat [2014] NSWLEC 86 Hearing dates: 18 June 2014 Decision date: 26 June 2014 Jurisdiction: Class 4 Before: Pain J Decision: 1. Each party is to pay its own costs of these proceedings. 2. Costs of the hearing on costs on 18 June 2014 are reserved. 3. Exhibits may be returned. Catchwords: COSTS - dismissed judicial review proceedings challenging grant of development consent - whether discontinuing applicant successful party sufficient to justify costs in his favour - whether respondents acted unreasonably - whether local council should have filed submitting appearance Legislation Cited: Environmental Planning and Assessment Act 1979 s 96, s 101 Uniform Civil Procedure Rules 2005 r 42.19, r 42.20, Pt 59 Cases Cited: Capital Airport Group Pty Ltd v Director-General of the NSW Department of Planning (No 2) [2011] NSWLEC 83 Cutcliffe v Lithgow City Council [2006] NSWLEC 463; (2006) 147 LGERA 330 Glaser v Poole (No 2) [2010] NSWLEC 232 Kiama Council v Grant [2006] NSWLEC 96; (2006) 143 LGERA 441 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Ralph Lauren 57 Pty Ltd v Byron Shire Council [2014] NSWCA 107; (2014) 199 LGERA 424 R v Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Category: Costs Parties: Walker, Stephen (Applicant) Siasat, Frederick Joseph (First Respondent) Siasat, Tennielle (Second Respondent) Kiama Municipal Council (Third Respondent) Representation: Mr I Hemmings SC with Mr S Nash (Applicant) Mr R White (First and Second Respondents) Mr M Seymour (Third Respondent) McPhee Kelshaw (Applicant) Wilshire Webb Staunton Beattie Lawyers (First and Second Respondents) RMB Lawyers (Third Respondent) File Number(s): 40225 of 2013