Peregrine Mineral Sands Pty Ltd v Wentworth Shire Council [2015] NSWLEC 41

Land and Environment Court New South Wales

Medium Neutral Citation: Peregrine Mineral Sands Pty Ltd v Wentworth Shire Council [2015] NSWLEC 41 Hearing dates: On the papers Date of orders: 25 March 2015 Decision date: 25 March 2015 Jurisdiction: Class 3 Before: Craig J Decision: (1) The Applicants must pay the Respondent's costs of these proceedings. (2) The proceedings are otherwise discontinued in accordance with the Notice of Discontinuance filed with leave by the Applicants on 20 February 2015. Catchwords: COSTS: - Class 3 proceedings - appeal against levying of a rate on the ground that the land is not rateable or not rateable to a particular ordinary or special rate - s 574 of the Local Government Act 1993 - proceedings discontinued - whether it is fair and reasonable for Court to make an order for the payment of costs - r 3.7 Land and Environment Court Rules 2007 (NSW) - whether applicants' claim had reasonable prospects of success - attempts by applicants to limit costs not relevant to order for payment of costs - order for payment of costs Legislation Cited: Land and Environment Court Rules 2007 (NSW) Local Government Act 1993 (NSW) Cases Cited: Land and Environment Court Rules 2007 (NSW) Local Government Act 1993 (NSW) Category: Costs Parties: Peregrine Mineral Sands Pty Ltd (First Applicant) Imperial Mining (Aust) Pty Ltd (Second Applicant) Probo Mining Pty Ltd (Third Applicant) Wentworth Shire Council (Respondent) Representation: Counsel: A Hartmann (solicitor) (Applicants) D A C Robertson (Respondent)