Botany Bay City Council v Minister for Local Government (No 2) [2016] NSWCA 127

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Botany Bay City Council v Minister for Local Government (No 2) [2016] NSWCA 127 Hearing dates: On the papers Decision date: 26 May 2016 Before: Bathurst CJ; Beazley P; Ward JA Decision: 1. The appellant's application that there be no order for costs with the intent that the parties bear their own costs of the proceedings be dismissed;

2. The appellant to pay the costs of the respondents on this application;

3. Confirm the Court's order of 15 April 2016 that the appellant pay the respondents' costs of the appeal. Catchwords: COSTS – costs of appeal proceedings – costs in the discretion of the court under Civil Procedure Act 2005 (NSW), s 98 – usual order as to costs under Uniform Civil Procedure Rules 2005 (NSW), r 42.1 – whether no order as to costs should be made with a view to the parties bearing their own costs – relevance of "public interest" – relevance of "clarification of the law" Legislation Cited: Civil Procedure Act 2005 (NSW) Local Government Act 1993 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts (No 2) [2011] FCAFC 84 Botany Bay City Council v Minister for Local Government [2016] NSWCA 74 Botany Bay City Council v Minister for Transport and Regional Development [1999] FCA 65 Hastings Point Progress Association Inc v Tweed Shire Council (No 3) [2010] NSWCA 39 Kindimindi Investments Pty Ltd v Lane Cove Council [2007] NSWCA 38 Minister for Planning v Walker (No 2) [2008] NSWCA 334 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Save the Ridge Inc v Commonwealth [2005] FCA 355 Category: Costs Parties: Botany Bay City Council (Appellant) Minister for Local Government (First Respondent) Local Government Boundaries Commission (Second Respondent) Chief Executive of the Office of Local Government (Third Respondent) Rod Nockles (Fourth Respondent) Representation: Counsel: M Robinson SC; A Poljak (Appellant) N Williams SC; M Ellicott (Respondents)