Nielsen v Wingecarribee Shire Council [2019] NSWLEC 1529

Land and Environment Court New South Wales

Medium Neutral Citation: Nielsen v Wingecarribee Shire Council [2019] NSWLEC 1529 Hearing dates: 20 June 2019 Date of orders: 01 November 2019 Decision date: 01 November 2019 Jurisdiction: Class 4 Before: Froh R Decision: The Court orders that: (1) The Respondent is to pay the Applicant's costs of the proceedings, as agreed or assessed. (2) The Respondent is to pay the Applicant's costs of this Motion, as agreed or assessed. Catchwords: COSTS – judicial review proceedings – principles governing exercise of discretion to order costs – costs order made Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Uniform Civil Procedure Rules 2005 Wingecarribee Local Environmental Plan 2010 Cases Cited: Ibrahim v PERI Australia Pty Ltd [2013] NSWCA 328 Kiama Council v Grant (2006) 143 LGERA 441 Mosman Municipal Council v Harvey and Fitzgerald [2012] NSWLEC 83 Re Minister for Immigration and Ethnic Affairs: Ex parte Lai Qin (1997) 186 CLR 622 Walker v Siasat [2014] NSWLEC 86 Texts Cited: Bowral Development Control Plan 2015 Category: Procedural and other rulings Parties: Alexandra Caroline Nielsen (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) I Lacy (Solicitor) (Respondent)

Solicitors: B Bilinsky & Co (Applicant) Wingecarribee Shire Council (Respondent) File Number(s): 2019/83262 Publication restriction: No