Elbaf v Kayellou [2015] NSWLEC 81

Land and Environment Court New South Wales

Medium Neutral Citation: Elbaf v Kayellou [2015] NSWLEC 81 Hearing dates: 15 October 2014 Date of orders: 20 May 2015 Decision date: 20 May 2015 Jurisdiction: Class 4 Before: Sheahan J Decision: (1) The costs order made by Beech-Jones AJ on 16 June 2014 is confirmed, on a party-party basis.

(2) The Council is ordered to pay the Elbafs' costs of their summons on a party-party basis, as agreed or assessed.

(3) The Council is ordered to pay the Elbafs' and Kayellou's costs of the costs hearing before me on 15 October 2014, on a party-party basis, as agreed or assessed.

(4) All exhibits, Court and Evidence books are returned. Catchwords: COSTS – class 4 proceedings discontinued – circumstances in which the usual costs order that the discontinuing party pay the costs of the proceedings should not be made – "supervening event" – whether there was an "effective surrender" – unreasonable conduct – indemnity costs. Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Local Government Act 1993 Uniform Civil Procedure Rules 2005 Cases Cited: Australiawide Airlines Pty Ltd v Aspiricon Pty Ltd [2006] NSWCA 365 Elbaf v Campbelltown City Council [2014] NSWLEC 1074 F Hannan Pty Ltd v Electricity Commission of NSW (No 3) (1985) 66 LGRA 306 Hypec Electronics Pty Ltd (In liq) v Mead [2004] NSWSC 731; 61 NSWLR 169 Kiama Council v Grant [2006] NSWLEC 96; 143 LGERA 441 Latoudis v Casey [1990] HCA 59; 170 CLR 534 Mead v Watson as Liquidator for Hypec Electronics Pty Ltd [2005] NSWCA 133; 23 ACLC 718 Minister for Urban Affairs and Planning v Rosemount Estates Pty Ltd (1996) 91 LGERA 31 Mirvac Projects Pty Ltd v Ku-Ring-Gai Council [2007] NSWLEC 245 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Ralph Lauren 57 Pty Ltd v Byron Shire Council [2014] NSWCA 107; 199 LGERA 424 Re Minster for Immigration and Ethnic Affairs; Ex Parte Lai Qin [1997] HCA 6; 186 CLR 622 Styles v Wollondilly Shire Council (No 3) [2001] NSWLEC 133 Category: Costs Parties: Abduhalim Elbaf (First Applicant/Cross-Respondent) Amne Elbaf (Second Applicant/Cross-Respondent) Mohammed Wassim Kayellou (First Respondent/Second Cross-Respondent) Campbelltown City Council (Second Respondent/Cross-Applicant) Representation: Counsel: