Botany Bay City Council v Minister for Local Government (No 2) [2016] NSWLEC 73

Land and Environment Court New South Wales

Medium Neutral Citation: Botany Bay City Council v Minister for Local Government (No 2) [2016] NSWLEC 73 Hearing dates: 26 April 2016 Applicant's submissions (costs), 29 April 2016 Respondents' submissions (costs), 4 May 2016 Applicant's reply written submissions (costs) Date of orders: 16 June 2016 Decision date: 16 June 2016 Jurisdiction: Class 4 Before: Pain J Decision: Botany Bay City Council is to pay the costs of the Respondents of the summons dated 23 March 2016 Catchwords: COSTS – whether unsuccessful local council liable for costs – Court of Appeal finding that should be no departure from usual costs rule in UCPR r 42.1 binding at first instance also – costs order made Legislation Cited: Land and Environment Court Rules 2007, r 4.2 Local Government Act 1993, s 263 Civil Procedure Act 2005, s 98 Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts (No 2) [2011] FCAFC 84; (2011) 280 ALR 91 Botany Bay City Council v Minister for Local Government [2016] NSWLEC 35 Botany Bay City Council v Minister for Local Government [2016] NSWCA 74; (2016) 214 LGERA 173 Botany Bay City Council v Minister for Local Government (No 2) [2016] NSWCA 127 Botany Bay City Council v Minister for Transport and Regional Development [1999] FCA 65 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) [2010] NSWLEC 59; (2010) 173 LGERA 280 Delta Electricity v Blue Mountains Conservation Society Inc [2010] NSWCA 263; (2010) 176 LGERA 424 Kindimindi Investments Pty Ltd v Lane Cove Council [2007] NSWCA 38; (2007) 150 LGERA 333 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Category: Costs Parties: Botany Bay City Council (Applicant) Minister for Local Government (First Respondent) Local Government Boundaries Commission (Second Respondent) Chief Executive of the Office of Local Government (Third Respondent) Mr Rod Nockles (Fourth Respondent) Representation: COUNSEL: M Robinson SC and A Poljak (Applicant) A Mitchelmore (Respondents)