Mosman Municipal Council v Minister for Local Government; North Sydney Council v Minister for Local Government (No 2) [2017] NSWCA 255

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mosman Municipal Council v Minister for Local Government; North Sydney Council v Minister for Local Government (No 2) [2017] NSWCA 255 Hearing dates: On the papers Decision date: 12 October 2017 Before: Basten JA at [1]; Macfarlan JA and Sackville AJA at [27] Decision: 1. The notice of motion filed by Mosman Municipal Council (Mosman) on 14 August 2017 in Case number 2016/00289039 be dismissed.

2. Mosman pay the costs of the first respondent (Minister) of Mosman's notice of motion.

3. The notice of motion filed by North Sydney Council (North Sydney) on 10 August 2017 in Case number 2016/00305665 be dismissed.

4. North Sydney pay the costs of the Minister of North Sydney's notice of motion. Catchwords: COSTS – application to reopen costs orders – whether alleged failure of appeal court to deal with two grounds of appeal justifies reopening costs orders made in relation to trial and appeal proceedings

JUDGMENTS AND ORDERS – application to reopen pursuant to Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 36.17 – whether judgment failed to address two appeal grounds – whether failure sufficient to warrant reopening in interests of justice – whether circumstances limiting practical consequences of reopening to allocation of costs affects exercise of discretion to reopen Legislation Cited: Local Government Act 1993 (NSW), ss 218F, 263 Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 36.17 Cases Cited: British American Tobacco v Laurie (2011) 242 CLR 283; [2011] HCA 2 Commonwealth v Human Rights and Equal Opportunity Commission (1998) 76 FCR 513 Hunter's Hill Council v Minister for Local Government [2016] NSWLEC 124 Hunter's Hill Council v Minister for Local Government [2017] NSWCA 188 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70; [1990] HCA 31 Majak v Rose (No 5) [2017] NSWCA 238 Power v Deputy Commissioner of Taxation (No 2) [2014] NSWCA 77; 98 ATR 75 The Queen v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13; [1980] HCA 13 Category: Costs Parties: 2016/289039 Mosman Municipal Council (Applicant) Minister for Local Government (First Respondent) Chief Executive of the Office of Local Government (Second Respondent) Michael Bullen (Department of Premier and Cabinet) (Third Respondent) Ian Reynolds (Department of Premier and Cabinet) (Fourth Respondent) North Sydney Council (Fifth Respondent) Willoughby City Council (Sixth Respondent) Local Government Boundaries Commission (Seventh Respondent)