Liverpool City Council v Moorebank Recyclers Pty Limited; Benedict Industries Pty Ltd v Minister for Planning (No 4) [2017] NSWLEC 116

Land and Environment Court New South Wales

Medium Neutral Citation: Liverpool City Council v Moorebank Recyclers Pty Limited; Benedict Industries Pty Ltd v Minister for Planning (No 4) [2017] NSWLEC 116 Hearing dates: 23 June 2017 Date of orders: 14 September 2017 Decision date: 14 September 2017 Jurisdiction: Class 1 Before: Robson J Decision: See orders at [61] Catchwords: COSTS – competing costs applications – costs sought in respect of the hearing of a separate question and a jurisdictional issue raised but not pleaded in the substantive hearing – whether the circumstances displace the presumptive rule against costs in Class 1 proceedings – whether it is fair and reasonable in the circumstances to award costs

COSTS – competing costs applications – costs sought in the event the Court orders costs in the first costs application – costs sought in respect of discrete issues raised only in opening submissions in the substantive hearing – whether the circumstances displace the presumptive rule against costs in Class 1 proceedings – whether it is fair and reasonable in the circumstances to award costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Environmental Planning and Assessment Act 1979 (NSW), s 75L, 95 Environmental Planning and Assessment Amendment (Pt 3A Repeal) Act 2011 (NSW) Land and Environment Court Act 1979 (NSW), s 17 Land and Environment Court Rules 2007 (NSW), r 3.7 Cases Cited: Arden Anglican School v Hornsby Shire Council [2008] NSWLEC 103; (2008) 158 LGERA 224 Benedict Industries Pty Ltd v Minister for Planning; Liverpool City Council v Moorebank Recyclers Pty Ltd [2016] NSWLEC 122 Community Association DP270253 v Woollahra Municipal Council [2015] NSWCA 80; (2015) 207 LGERA 268 Dunford v Gosford City Council (No 3) [2015] NSWLEC 96 Immigration and Ethnic Affairs, Re Minister for; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Grant v Kiama Municipal Council [2006] NSWLEC 70 Liverpool City Council v Moorebank Recyclers Pty Limited; Benedict Industries Pty Ltd v Minister for Planning (No 2) [2017] NSWLEC 53 Moorebank Recyclers Pty Ltd v Liverpool City Council (No 2) [2013] NSWLEC 93 Port Stephens Council v Sansom [2007] NSWCA 299; (2007) 156 LGERA 125 Category: Costs Parties: Proceedings 00159652 of 2016 Liverpool City Council (Applicant) Moorebank Recyclers Pty Ltd (First Respondent) Minister for Planning (Second Respondent)