Bolinger v Blackmore Design Group (No 2) [2015] NSWLEC 45

Land and Environment Court New South Wales

Medium Neutral Citation: Bolinger v Blackmore Design Group (No 2) [2015] NSWLEC 45 Hearing dates: 19, 20 March 2015 (written submissions) Decision date: 30 March 2015 Jurisdiction: Class 1 Before: Pain J Decision: 1. Appellant is to pay the First Respondent's costs of the summons commencing a s 56 appeal dated 5 November 2014. 2. Costs to be limited to one counsel's fees. Catchwords: COSTS – whether fair and reasonable to award costs to successful respondent in s 56A appeal from commissioner's decision Legislation Cited: Land and Environment Court Act 1979 s 56 Land and Environment Court Rules 2007 r 3.7 Cases Cited: Bolinger v Blackmore Design Group [2015] NSWLEC 38 Mike George Planning Pty Ltd v Woollahra Municipal Council (No 4) [2014] NSWLEC 187 Modern Motels Pty Limited v Fairfield City Council [2013] NSWLEC 138 Pepperwood Ridge Pty Ltd v Newcastle City Council [2008] NSWLEC 196; (2008) 160 LGERA 164 Category: Costs Parties: Bolinger, Donna-May (Appellant) Blackmore Design Group (First Respondent) Council of the City of Sydney (Second Respondent) Representation: Counsel: Mr P Beazley (solicitor) (Appellant) Mr M Staunton with Ms J Reid (First Respondent) No appearance (Second Respondent)

Solicitors: Beazley Singleton Lawyers (Appellant) Sattler & Associates Lawyers (First Respondent) File Number(s): 10913 of 2014