Community Association DP270253 v Woollahra Municipal Council [2015] NSWCA 80

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Community Association DP270253 v Woollahra Municipal Council [2015] NSWCA 80 Hearing dates: 3 February 2015 Decision date: 07 April 2015 Before: Barrett JA at [1]; Emmett JA at [56]; Leeming JA at [63] Decision: Appeal dismissed with costs Catchwords: PROCEDURE – costs – Class 1 proceedings in the Land and Environment Court of New South Wales – appeal by leave from a decision on costs – the appellant successfully contended for revocation by the primary judge of an order issued by the Council requiring the appellant to carry out certain work – the primary judge declined to order that the Council pay the appellant's costs – rules of court preclude any costs order unless the court considers that the making of such an order "is fair and reasonable in the circumstances" – whether findings of unreasonableness in relation to the challenged order of the Council are relevant to the costs discretion – held that unreasonableness warranting a costs order is confined to unreasonableness in relation to the proceedings – no such unreasonableness shown – no error of law in the making of the evaluative decision on costs Legislation Cited: Civil Procedure Act 2005 (NSW) Community Land Management Act 1989 (NSW) Conveyancing Act 1919 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Land and Environment Court Act 1979 (NSW) Land and Environment Court Rules 2007 (NSW)Click here to enter text. Cases Cited: Arden Anglican School v Hornsby Shire Council [2008] NSWLEC 103; 158 LGERA 224 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 House v The King [1936] HCA 40; 55 CLR 499 Newbury District Council v Secretary of State for the Environment [1981] AC 578 Port Stephens Council v Sansom [2007] NSWCA 299; Sansom 156 LGERA 125 Thaina Town (On Goulburn) Pty Ltd v City of Sydney Council [2007] NSWCA 300; 156 LGERA 150 Warren v Coombes [1979] HCA 9; 142 CLR 531Click here to enter text. Category: Principal judgment Parties: Community Association DP 270253 (Appellant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr P C Tomasetti SC/Mr M C Fraser (Appellant) Mr R P L Lancaster SC (Respondent)