Butler Street Community Network Incorporated v Northern Region Joint Regional Planning Panel (No 3) [2017] NSWLEC 146

Land and Environment Court New South Wales

Medium Neutral Citation: Butler Street Community Network Incorporated v Northern Region Joint Regional Planning Panel (No 3) [2017] NSWLEC 146 Hearing dates: 19 October 2017 Date of orders: 31 October 2017 Decision date: 31 October 2017 Jurisdiction: Class 1 Before: Robson J Decision: See orders at [34] Catchwords: COSTS – orders sought in respect of the hearing on a notice of motion – presumptive rule against costs in Class 1 proceedings – whether the circumstances are such so as to overcome the presumptive rule Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Environmental Planning and Assessment Act 1979 (NSW), ss 98, 83 Land and Environment Court Act 1979 (NSW), s 17 Land and Environment Court Rules 2007, r 3.7 State Environmental Planning Policy (Infrastructure) 2007 (NSW) Cases Cited: Arden Anglican School v Hornsby Shire Council [2008] NSWLEC 103; (2008) 158 LGERA 224 Butler Street Community Network Incorporated v Northern Region Joint Regional Planning Panel and others [2017] NSWLEC 51 Butler Street Community Network Incorporated v Northern Region Joint Regional Planning Panel (No 2) [2017] NSWLEC 55 Butler Street Community Network Incorporated v Northern Region Joint Regional Planning Panel [2017] NSWLEC 1278 BYT Nominees Pty Limited v North Sydney Council [2008] NSWLEC 294 Dunford v Gosford City Council (No 3) [2015] NSWLEC 96 Grant v Kiama Municipal Council [2006] NSWLEC 70 Port Stephens Council v Sansom [2007] NSWCA 299; (2007) 156 LGERA 125 Category: Costs Parties: Butler Street Community Network Incorporated (Applicant) Northern Region Joint Regional Planning Panel (First Respondent) GHD Pty Ltd (Second Respondent) Byron Shire Council (Third Respondent) Representation: Counsel: P Travis (Applicant) T Messenger, solicitor (Third Respondent)