Friends of Malua Bay Inc v Perkins (No 2) [2014] NSWLEC 172

Land and Environment Court New South Wales

Medium Neutral Citation: Friends of Malua Bay Inc v Perkins (No 2) [2014] NSWLEC 172 Hearing dates: 16 October 2014 Decision date: 16 October 2014 Jurisdiction: Class 4 Before: Craig J Decision: (1)The Applicant pay the Respondents' costs of the proceedings, those costs to include the costs of the application for and hearing of this costs' application. (2)Exhibits tendered on the hearing of the costs' application may be returned. Catchwords: COSTS - applicant unsuccessful in judicial review proceedings - whether departure from usual costs rule justified - r 4.2 of Land and Environment Court Rules 2007 - whether proceedings brought in the public interest - whether litigation properly characterised as in the "public interest" - no evidence to support assertion that the proceedings were brought to protect the natural environment - no evidence of "something more" - no valid reason to depart from the rule that costs follow the event - r 42.1 of Uniform Civil Procedure Rules 2005 - s 98 of the Civil Procedure Act 2005 Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Eurobodalla Local Environmental Plan 2012 (NSW) Eurobodalla Rural Local Environmental Plan 1987 (NSW) Land and Environment Court Rules 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) [2010] NSWLEC 59; 173 LGERA 280 Category: Costs Parties: Friends of Malua Bay Inc (Applicant) Brian Perkins (First Respondent) Eurobodalla Shire Council (Second Respondent) Representation: F J Berglund (Applicant) M E McMahon (solicitor) (First Respondent) I J Hemmings SC (Second Respondent) Legal Department, Environmental Defenders Office NSW (Applicant) M.E. McMahon & Associates (First Respondent) Sparke Helmore Lawyers (Second Respondent) File Number(s): 40082 of 2013