Newton Denny Chapelle v Ballina Shire Council (No 2) [2014] NSWLEC 183

Land and Environment Court New South Wales

Medium Neutral Citation: Newton Denny Chapelle v Ballina Shire Council (No 2) [2014] NSWLEC 183 Hearing dates: 17 November 2014 Decision date: 17 November 2014 Jurisdiction: Class 1 Before: Craig J Decision: The Council must pay (i)the costs of the Applicant reserved at the first call-over of the proceedings on 16 December 2013; (ii)the Applicant's costs associated with the Applicant's Notice of Motion dated and filed 6 February 2014; and (iii)the Applicant's costs reserved on the Respondent's Motion dated 14 March 2014 and returned before the Registrar on 24 March 2014. Catchwords: COSTS - Class 1 proceedings - motion for determination of separate issue - issue resolved without need for hearing - motion for leave to amend statement of facts and contentions - amendment not opposed - whether fair and reasonable to order costs associated with the motions - Pt 3, r 3.7 of the Land and Environment Court Rules 2007 - whether motions filed as a result of a mutual mistake made by the parties - Council's responsibility to identify the issues - Council's position ought to have been considered prior to filing its statement of contentions - order for costs Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Land and Environment Court Rules 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103 Newton Denny Chapelle v Ballina Shire Council [2014] NSWLEC 1123 Scrap Realty Pty Limited v Botany Bay City Council [2008] NSWLEC 333 Young v Hones (No 3) [2014] NSWSC 499 Category: Costs Parties: Newton Denny Chapelle (Applicant) Ballina Shire Council (Respondent) Representation: M Young (solicitor) (Applicant) M Staunton (Respondent) McCartney Young Lawyers (Applicant) CH Law Solicitors (Respondent) File Number(s): 10911 of 2013