Darkinjung Local Aboriginal Land Council v Wyong Coal Pty Ltd (No 3) [2014] NSWLEC 90

Land and Environment Court New South Wales

Medium Neutral Citation: Darkinjung Local Aboriginal Land Council v Wyong Coal Pty Ltd (No 3) [2014] NSWLEC 90 Hearing dates: On written submissions Decision date: 01 July 2014 Jurisdiction: Class 4 Before: Craig J Decision: 1. The First and Second Respondents must pay the Applicant's costs 2. The Fourth Respondent must bear its own costs. 3. No order for costs is made against the Third Respondent. Catchwords: COSTS - successful applicant entitled to an order against active respondents - terms of orders agreed Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Regulation 2000 Uniform Civil Procedure Rules 2005 Cases Cited: Brown v Randwick City Council (No 2) [2012] NSWLEC 28 Construction, Forestry, Mining and Energy Union v Queensland Coal and Oil Shale Mining Industry (Superannuation) Ltd [2003] FCA 1174 Darkinjung Local Aboriginal Land Council v Wyong Coal Pty Ltd (No 2) [2014] NSWLEC 71 Category: Costs Parties: Darkinjung Local Aboriginal Land Council (Applicant) Wyong Coal Pty Ltd trading as Wyong Areas Coal Joint Venture (First respondent) Minister for Planning and Infrastructure (Second respondent) Planning Assessment Commission NSW (Third respondent) New South Wales Aboriginal Land Council (Fourth respondent) Representation: J Kirk SC with P D Herzfeld (Applicant) Z Heger (First respondent) A Shearer (Second respondent) Submitting appearance (Third respondent) G Kennett SC (Fourth respondent) Chalk & Fitzgerald (Applicant) Ashurst (First respondent) New South Wales Planning and Infrastructure (Second respondent) Submitting appearance (Third respondent) New South Wales Aboriginal Land Council (Fourth respondent) File Number(s): 40189 of 2014