UTSG Pty Ltd v Sydney Metro (No 2) [2018] NSWLEC 199

Land and Environment Court New South Wales

Medium Neutral Citation: UTSG Pty Ltd v Sydney Metro (No 2) [2018] NSWLEC 199 Hearing dates: On the papers - written submissions 7 September 2018 (Respondent), 28 September 2018 (Applicant) and written submissions in reply 12 October 2018 (Respondent) Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Class 3 Before: Moore J Decision: (1) UTSG Pty Ltd (the Company) is to pay the costs of Sydney Metro (the Respondent) of the Notice to Produce filed on 17 May 2018 and the attendances before the Court on 22 June 2018, 2, 3 and 23 July 2018 and the Respondent's costs for preparation of the attendance on 26 July 2018; (2) The Company is to pay 75% of the costs of the Respondent of the hearing of 26 July 2018; and (3) The costs ordered to be paid by the Company to the Respondent as a consequence of (1) and (2) are to be the Respondent's costs in the cause. Catchwords: COSTS - interlocutory processes - failure to respond to Notice to Produce - necessity for subsequent interlocutory attendances - reasons for failure to produce - reasons given did not excuse failure to produce - extent to which costs orders appropriate to depart from ordinary position that a party dispossessed of an interest in land would not face costs order - appropriate for a costs order to be made against applicant for Notice to Produce and consequent unnecessary interlocutory attendances - costs orders appropriate COSTS - consideration of one interlocutory attendance - extent to which an issue concerning the terms of a confidentiality agreement weighs in costs for a specific interlocutory attendance - not appropriate for full costs to be awarded for that attendance - 75% of costs awarded COSTS - timing of payment of costs - not appropriate to order immediate payment - appropriate order to make the awarded costs the Respondent's costs in the cause Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979, s 34 Civil Procedure Act 2005, s 98 Cases Cited: Monti v Roads and Maritime Services [2018] NSWLEC 34 Category: Costs Parties: UTSG Pty Ltd (Applicant) Sydney Metro (Respondent) Representation: Counsel: Ms A Pearman, barrister (Applicant) Mr N Eastman, barrister (Respondent)