Local Democracy Matters Inc v Minister for Local Government [2018] NSWLEC 9

Land and Environment Court New South Wales

Medium Neutral Citation: Local Democracy Matters Inc v Minister for Local Government [2018] NSWLEC 9 Hearing dates: 22 June and 18 September 2017; 3, 25 and 31 October 2017 (written submissions) Date of orders: 16 February 2018 Decision date: 16 February 2018 Jurisdiction: Class 4 Before: Robson J Decision: See orders at [61] Catchwords: COSTS – where the subject of the proceedings rendered futile by supervening event – council amalgamation – application heard on whether to grant extension of time – hearing on merits of application conducted – whether appropriate to resolve application for the purpose of costs – application would not have resolved substantive proceedings – parties to bear their own costs Legislation Cited: Local Government Act 1993 (NSW) s 218F, s 674 Uniform Civil Procedure Rules 2005 (NSW) r 28.2, r 59.10 Cases Cited: Hunter Development Corporation v Save Our Rail NSW Inc [2015] NSWCA 346 Hunter Development Corporation v Save Our Rail NSW Incorporated (No 2) (2016) 93 NSWLR 704; [2016] NSWCA 375 Immigration and Ethnic Affairs, Re Minister for; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Kiama Council v Grant [2006] NSWLEC 96; (2006) 143 LGERA 441 Kur-ring-gai Council v West as delegate of Acting Director-General, Office of Local Government [2017] NSWCA 54; (2017) 220 LGERA 386 One.Tel Ltd v Deputy Commissioner of Taxation (2000) 101 FCR 548; [2000] FCA 270 Save Our Rail NSW Incorporated Inc 9883299 v Hunter Development Corporation [2017] HCASL 143 Shellharbour City Council v Minister for Local Government [2017] NSWCA 256 Woollahra Municipal Council v Minister for Local Government [2016] NSWCA 380; (2016) 219 LGERA 180 Category: Costs Parties: Local Democracy Matters Inc (Applicant) Minister for Local Government (First Respondent) Randwick City Council (Fifth Respondent) Representation: Counsel: S E J Prince (Applicant) A S Bell SC with Z C Heger (First Respondent) I E Davidson SC (Fifth Respondent)