Hoxton Park Residents Action Group Inc. (No 3) v Liverpool City Council [2015] NSWLEC 198

Land and Environment Court New South Wales

Medium Neutral Citation: Hoxton Park Residents Action Group Inc. (No 3) v Liverpool City Council [2015] NSWLEC 198 Hearing dates: 15 December 2015 Date of orders: 15 December 2015 Decision date: 15 December 2015 Jurisdiction: Class 4 Before: Craig J Decision: 1. The applicant's notice of motion filed on 27 October 2015 is dismissed. 2. The applicant must pay the respondents' costs of the notice of motion. Catchwords: COSTS – motion to set aside order for costs – r 36.16(3A) of the Uniform Civil Procedure Rules 2005 – whether proceedings were instituted and maintained in the public interest – no novel questions of fact or law raised in judicial review proceedings – countervailing circumstances – no proper basis to vary costs order – motion dismissed Legislation Cited: Associations Incorporation Act 2009 (NSW) Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Land and Environment Court Rules 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) [2010] NSWLEC 59; 173 LGERA 280 Hoxton Park Residents Action Group Inc v Liverpool City Council (No 2) [2015] NSWLEC 125 Hoxton Park Residents Action Group Inc v Liverpool City Council (No 3) [2012] NSWLEC 43; 190 LGERA 119 McGovern v Ku-ring-gai Council [2008] NSWCA 209; 72 NSWLR 504 Category: Costs Parties: Hoxton Park Residents Acton Group Inc (Applicant) Liverpool City Council (First Respondent) Sydney West Joint Regional Planning Panel (Second Respondent) The Australian Federation of Islamic Councils Inc (Third Respondent) Malek Fahd Islamic School Pty Ltd (Fourth Respondent) Amjad Mehboob (Fifth Respondent) Representation: Counsel: Robert Balzola, solicitor (Applicant) Submitting appearance (First Respondent) L Sims, solicitor (Second Respondent) J Muir (Third and Fourth Respondents) No appearance (Fifth Respondent)