Gosford Waterfront Alliance Inc v TO Gosford Pty Ltd [2016] NSWLEC 130

Land and Environment Court New South Wales

Medium Neutral Citation: Gosford Waterfront Alliance Inc v TO Gosford Pty Ltd [2016] NSWLEC 130 Hearing dates: 28 September 2016 Date of orders: 29 September 2016 Decision date: 29 September 2016 Jurisdiction: Class 4 Before: Robson J Decision: (1) The first respondent pay half of the applicant's costs for:

(a) preparing and attending the directions on 13 September 2016;

(b) preparing the affidavit of Ms Braund; and

(c) appearing at the hearing of the motion on 28 September 2016.

(2) The first respondent pay all of the applicant's costs for the preparation of its submissions for the hearing of the motion on 28 September 2016. Catchwords: COSTS – motion for security of costs – motion withdrawn – whether applicant entitled to costs thrown away – when costs order should be made – order for costs granted Legislation Cited: Civil Liability Act 2005 (NSW) Land and Environment Court Rules 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Boronia Park Preservation Group v MSMG Developments Pty Ltd (2015) 209 LGERA 259; [2015] NSWLEC 112 Ritson v Leighton [2015] NSWCA 62 Save Little Beach Manly Foreshore Incorporated v Manly Council (2013) 198 LGERA 304; [2013] NSWLEC 155 Category: Costs Parties: Gosford Waterfront Alliance Inc (Applicant) TO Gosford Pty Ltd (First Respondent) Central Coast Council (Second Respondent) Representation: Counsel: M Fraser (Applicant) F J Berglund (First Respondent)