Barich v Parramatta City Council [2015] NSWLEC 98

Land and Environment Court New South Wales

Medium Neutral Citation: Barich v Parramatta City Council [2015] NSWLEC 98 Hearing dates: 26 March 2015 Date of orders: 18 June 2015 Decision date: 18 June 2015 Jurisdiction: Class 3 Before: Craig J Decision: The applicant's notice of motion dated and filed 13 January 2015 is dismissed. The applicant must pay the respondent's costs of that motion unless by 5.00pm on 25 June 2015 he notifies both my Associate and the Council that a different order is sought. The exhibits may be returned. Catchwords: COSTS: - Class 3 proceedings - appeal against deemed refusal of an application to change the rating subcategory of land - s 526 of the Local Government Act 1993 - applicant successful in appeal proceedings - 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 respondent's defence of appeal was unreasonable - applicant's success on appeal insufficient to overcome presumption that costs are not ordered - applicant's motion for costs dismissed - applicant to pay respondent's costs of motion. Legislation Cited: Land and Environment Court Act 1979 (NSW) Land and Environment Court Rules 2007 (NSW) Cases Cited: Arden Anglican School v Hornsby Shire Council [2008] NSWLEC 103; 158 LGERA 224 Barich v Parramatta City Council [2014] NSWLEC 1259 Barrak Corporation Pty Ltd v Parramatta City Council [2014] NSWLEC 177 Barrak Corporation Pty Ltd v Parramatta City Council [2014] NSWLEC 1077 Category: Costs Parties: Antwan Barich (Applicant) Parramatta City Council (Respondent) Representation: Counsel: A M Pickles (Applicant) J Hutton (Respondent) Solicitors: Barrak Lawyers (Applicant) Sparke Helmore (Respondent) File Number(s): 30155 of 2014