Central Coast Council v 40 Gindurra Road Somersby Pty Ltd (No 3) [2020] NSWLEC 25

Land and Environment Court New South Wales

Medium Neutral Citation: Central Coast Council v 40 Gindurra Road Somersby Pty Ltd (No 3) [2020] NSWLEC 25 Hearing dates: 21 November; 4 and 6, 11 December 2019 (written submissions) Date of orders: 07 April 2020 Decision date: 07 April 2020 Jurisdiction: Class 4 Before: Pain J Decision: See [40] of judgment Catchwords: COSTS – exercise of discretion to award costs to successful applicant where two defendants – no award of costs made where no costs claim specified in amended summons joining party – no award of costs against party who filed submitting appearance as contradictor Legislation Cited: Civil Procedure Act 2005 s 98 Environmental Planning and Assessment Act 1979 former ss 4.31, 4.59, 101 Local Government Act 1993 Uniform Civil Procedure Rules 2005 r 42.1 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Brown v Randwick City Council (No 2) [2012] NSWLEC 28 Central Coast Council v 40 Gindurra Road Somersby Pty Ltd (No 2) [2019] NSWLEC 171 Central Coast Council v 40 Gindurra Road Somersby Pty Ltd [2018] NSWLEC 79 Cutcliffe v Lithgow City Council (2006) 147 LGERA 330; [2006] NSWLEC 463 GPT Re Limited v Wollongong City Council (2006) 151 LGERA 174; [2006] NSWLEC 658 Hytec Industries (Queensland) Pty Ltd v Tweed Shire Council (No 2) [2020] NSWLEC 5 Jeray v Blue Mountains City Council [2011] NSWLEC 135 Logue v Shoalhaven Shire Council [1979] 1 NSWLR 537 (Mahoney JA) Texts Cited: Ritchie's Uniform Civil Procedure NSW, LexisNexis Butterworths 2005 to date (loose-leaf) Category: Costs Parties: Central Coast Council (Applicant) 40 Gindurra Road Somersby Pty Ltd (First Respondent) William A Dagger (Second Respondent) Representation: COUNSEL: T To (Applicant) J Doyle (First Respondent) L Lyons, solicitor (Second Respondent)