Elanor Investors Limited v Sydney Zoo Pty Ltd (No 3) [2019] NSWLEC 172

Land and Environment Court New South Wales

Medium Neutral Citation: Elanor Investors Limited v Sydney Zoo Pty Ltd (No 3) [2019] NSWLEC 172 Hearing dates: 24 September 2019 (written submissions) Date of orders: 12 November 2019 Decision date: 12 November 2019 Jurisdiction: Class 4 Before: Pain J Decision: (1) The Respondent is to pay the Applicant's costs of the Respondent's notice of motion dated 21 January 2019.

(2) The Respondent is to pay half the Applicant's costs of the Respondent's notice of motion dated 24 April 2019. Catchwords: COSTS – two notices of motion – decision of Registrar to uphold notice to produce and subpoena to produce documents to third party – challenge to decision of Registrar – no party successful overall Legislation Cited: Civil Procedure Act 2005 s 98 Environmental Planning and Assessment Act 1979 Uniform Civil Procedure Rules 2005 rr 42.1, 49.19 Cases Cited: Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 Elanor Investors Limited v Sydney Zoo Pty Limited [2019] NSWLEC 80 Elanor Investors Limited v Sydney Zoo Pty Ltd [2019] NSWLEC 121 Elanor Investors Limited v Sydney Zoo Pty Ltd [2019] NSWLEC 1173 Latoudis v Casey (199) 170 CLR 534; [1990] HCA 59 Rossi v Living Choice Australia Ltd (No 6) [2014] NSWLEC 116 Category: Costs Parties: Elanor Investors Limited (Applicant) Sydney Zoo Pty Ltd (Respondent) Representation: COUNSEL: N Eastman (Applicant) A Lindeman-Jones, solicitor (Respondent)