Nada v Georges River Council [2017] NSWLEC 80

Land and Environment Court New South Wales

Medium Neutral Citation: Nada v Georges River Council [2017] NSWLEC 80 Hearing dates: 21 June 2017 Date of orders: 21 June 2017 Decision date: 21 June 2017 Jurisdiction: Class 1 Before: Molesworth AJ Decision: See orders at [37] Catchwords: COSTS – agreement of applicants to pay respondent's costs arising from amendment of development application pursuant to s 97B of the Environmental Planning and Assessment Act 1979 – agreement of applicants to pay respondent's costs arising from re-opening of proceedings – whether applicants should pay costs – whether respondent disentitled from costs due to delay – whether pursuit of agreed costs offends principle of finality – the Court should be able to rely upon assurances of legal practitioners – respondent entitled to costs Legislation Cited: Civil Procedure Act 2005, s 56 Environmental Planning and Assessment Act 1979, s 97B Land and Environment Court Act 1979, s 40 Land and Environment Court Rules 2007, r 3.10(2) Cases Cited: Burrell v The Queen (2008) 238 CLR 218; [2008] HCA 34 Fair Work Ombudsman v Valuair Ltd (No 3) [2014] FCA 1182 McCracken v Phoenix Constructions (Queensland) Pty Ltd [2013] FCAFC 87 Nada v Hurstville City Council [2015] NSWLEC 1300 Nada v Georges River Council [2016] NSWLEC 1302 Texts Cited: N/A Category: Costs Parties: Emad Nada and Eva Nada (Applicants) Georges River Council (Respondent) Representation: Counsel: Mr S Kondilios (solicitor) (Applicants) Ms J Hewitt (solicitor) (Respondent)