Local Democracy Matters Incorporated v Infrastructure NSW; Waverley Council v Infrastructure NSW (No 4) [2019] NSWLEC 140

Land and Environment Court New South Wales

Medium Neutral Citation: Local Democracy Matters Incorporated v Infrastructure NSW; Waverley Council v Infrastructure NSW (No 4) [2019] NSWLEC 140 Hearing dates: 16/4/19, 18/5/19 and 15/7/19 (First Applicant's written submissions), 16/4/19 and 15/7/19 (Second Applicant's written submissions), 7/5/19 and 18/6/19 (First Respondent's written submissions), 6/5/19 and 18/6/19 (Second Respondent's written submissions), 6/5/19 (Third Respondent's written submissions) Date of orders: 01 October 2019 Decision date: 01 October 2019 Jurisdiction: Class 4 Before: Pain J Decision: Each party pay their own costs. Catchwords: COSTS – applicant non-profit association unsuccessful in judicial review proceedings challenging approval of concept plan and stage 1 works for Sydney Football Stadium – proceedings in public interest – two grounds of review important in legal and/or environmental sense – no countervailing circumstances – departure from usual costs rule that costs follow the event warranted – each party to pay its own costs

COSTS – applicant local council challenging approval of concept plan and stage 1 works for Sydney Football Stadium – one ground alleging failure to consider design excellence unsuccessful – proceedings in public interest – important ground of review – no countervailing circumstances – departure from usual costs rule that costs follow the event warranted – each party to pay its own costs Legislation Cited: Civil Procedure Act 2005 s 98 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 cl 83 Infrastructure NSW Act 2011 s 7 Land and Environment Court Rules 2007 r 4.2 Local Government Act 1993 State Environmental Planning Policy No 55—Remediation of Land cl 7 Sydney Cricket and Sports Ground Trust Act 1978 s 5 Sydney Local Environmental Plan 2012 cl 6.21 Uniform Civil Procedure Rules 2005 r 42.2 Cases Cited: Botany Bay City Council v Minister for Local Government (No 2) [2016] NSWCA 127 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (2010) 178 LGERA 411; [2010] NSWCA 353 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (2010) 173 LGERA 280; [2010] NSWLEC 59 Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd (No 3) [2013] NSWLEC 152 Hastings Point Progress Association Inc v Tweed Shire Council (No 3) (2010) 172 LGERA 157; [2010] NSWCA 39 Hume Coal Pty Ltd v Alexander (No 4) [2013] NSWLEC 106 Hunter Development Corporation v Save Our Rail NSW Incorporated (No 2) (2016) 220 LGERA 73; [2016] NSWCA 375 Jacob v Save Beeliar Wetlands (Inc) (2016) LGERA 201; [2016] WASCA 126 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Local Democracy Matters Incorporated v Infrastructure NSW; Waverley Council v Infrastructure NSW [2019] NSWLEC 20 Local Democracy Matters Incorporated; Waverley Council v Infrastructure NSW [2019] NSWLEC 18 Millers Point Fund Incorporated v Lendlease (Millers Point) Pty Ltd (No 2) [2017] NSWLEC 29 Muswellbrook Shire Council v Hunter Valley Energy Coal Pty Ltd (No 4) [2019] NSWLEC 56 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 People for the Plains Incorporated v Santos NSW (Eastern) Pty Ltd (No 2) [2017] NSWCA 157 R v Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13 Save Little Beach Manly Foreshore Incorporated v Manly Council (2013) 198 LGERA 304; [2013] NSWLEC 155 Uniting Church in Australia Property Trust (NSW) v Parramatta City Council [2018] NSWLEC 1129 Category: Costs Parties: Matter No 19/39988