Dowling v Haralambides [2015] NSWLEC 173

Land and Environment Court New South Wales

Medium Neutral Citation: Dowling v Haralambides [2015] NSWLEC 173 Hearing dates: 12 October 2015 Date of orders: 05 November 2015 Decision date: 05 November 2015 Jurisdiction: Class 4 Before: Craig J Decision: 1. Pursuant to r 12.1(1)(b) of the Uniform Civil Procedure Rules 2005 I give leave to the applicant to file a notice of discontinuance in respect of the whole of these proceedings.

2. Direct that the applicant file a notice of discontinuance in the Registry within 7 days.

3. Order that the respondents pay the applicant's costs of these proceedings.

4. Order that the respondents pay the applicant's costs of the notice of motion dated 20 July 2015.

5. Exhibits may be returned. Catchwords: COSTS – leave to discontinue Class 4 proceedings – validity of complying development certificate – development consent granted by Court conditionally upon surrender of complying development certificate – application for alternative costs order – r 42.19(2) Uniform Civil Procedure Rules 2005 – applicant bears onus of persuading the Court that some other order is appropriate – applicant achieved practical success – applicant acted reasonably in commencing proceedings –respondent acted unreasonably prior to and after proceedings commenced – costs order in favour of applicant Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Land and Environment Court Act 1979 (NSW) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Uniform Civil Procedure Rules 2005 Cases Cited: Australiawide Airlines Ltd v Aspirion Pty Ltd [2006] NSWCA 365 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Calderbank v Calderbank [1975] 3 All ER 333 Foukkare v Angreb Pty Ltd [2006] NSWCA 335 Minister for Immigration and Ethnic Affairs; ex parte Lai Qin [1997] HCA 6; 186 CLR 622 Ralph Lauren 57 Pty Ltd v Byron Shire Council [2014] NSWCA 107; 199 LGERA 424 Category: Costs Parties: Martin Dowling (Applicant) John Haralambides (First Respondent) Caroline Haralambides (Second Respondent) Peter Boyce (Third Respondent) Representation: Counsel: M Heath (Applicant) N Eastman (First and Second Respondents) No appearance (Third Respondent)