Thomas v Randwick City Council (No 3) [2019] NSWLEC 161

Land and Environment Court New South Wales

Medium Neutral Citation: Thomas v Randwick City Council (No 3) [2019] NSWLEC 161 Hearing dates: 4 September 2019 Date of orders: 29 October 2019 Decision date: 29 October 2019 Jurisdiction: Class 1 Before: Moore J Decision: (1) The Notice of Motion is dismissed; and (2) The Second Respondent is to pay the costs as agreed or assessed of the Applicants and of the First Respondent of the costs motion. Catchwords: JOINDER - Notice of Motion seeking setting aside of costs order made concerning costs thrown away as a result of ex parte application requiring vacation of conciliation conference process - no basis to disturb costs order for costs thrown away made against moving party seeking joinder - application for joinder successful - applicant for joinder seeks costs of hearing at which joinder was granted - basis for consideration of costs application - application for costs to be determined on the basis of application of Land and Environment Court Rules 2007 requiring that it be "fair and reasonable" to make costs order in favour of successful party - not fair and reasonable to make costs order in favour of successful applicant for joinder - costs application dismissed COSTS - costs of Notice of Motion seeking costs orders - costs' proceedings not subject to "fair and reasonable" test in Land and Environment Court Rules 2007 - costs of costs applications usually dealt with on the basis that costs follow the event - no basis to depart from that position in these proceedings - applicant for joinder ordered to pay costs as agreed or assessed of the Applicant and of the First Respondent of the costs Notice of Motion Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.15(2) Land and Environment Court Act 1979, s 34AA Land and Environment Court Rules 2007, r 3.7 Uniform Civil Procedure Rules 2005, r 6.24(1) Cases Cited: Anglican Retirement Villages, Diocese Of Sydney v Wollongong City Council [2013] NSWLEC 5 Direct Factory Outlets Homebush Pty Limited v Strathfield Municipal Council [2006] NSWLEC 185 Grant v Kiama Municipal Council [2006] NSWLEC 70 Grosvenor Australia Properties Pty Limited v Sydney City Council [2006] NSWLEC 267 Kavia Holdings Pty Limited v Sydney City Council (2003) 127 LGERA 293; [2003] NSWLEC 195 Mahogany Ridge Developments Pty Ltd v Port Stephens Council [2004] NSWLEC 555 Meriton Apartments Pty Limited v Fairfield City Council & Anor [No 2] [2005] NSWLEC 121 Mirvac Projects Pty Limited v Ku-ring-gai Council (2007) 151 LGERA 394; [2007] NSWLEC 113 Morrison Design Partnership Pty Limited v North Sydney Council and Director-General of the Department of Planning (2008) 159 LGERA 361; [2007] NSWLEC 802 Positive Change for Marine Life Inc v Byron Shire Council [2015] NSWLEC 147 Pro-Vision Developments Pty Limited v Ku-Ring-Gai Municipal Council [2003] NSWLEC 226 Thomas v Randwick City Council [2019] NSWLEC 124 Thomas v Randwick City Council [2019] NSWLEC 1411 Vella v Penrith City Council [2019] NSWLEC 62 Verde Terra Pty Ltd v Environment Protection Authority (No 3) [2018] NSWLEC 161 Walcha Council and Ors v Minister for Local Government and Ors [2016] NSWLEC 57 Category: Costs Parties: Shannon Thomas (First Applicant) Vivian Thomas (Second Applicant) Randwick City Council (First Respondent) Gillian Bryce (Second Respondent) Representation: Counsel: Mr A Galasso SC (Applicants) Mr J Ede, solicitor (First Respondent) Mr M Wright SC (Second Respondent)