Lee Environmental Planning Pty Ltd v Reulie Land Co Pty Ltd [2020] NSWCA 254

Lee Environmental Planning Pty Ltd v Reulie Land Co Pty Ltd [2020] NSWCA 254

Leave to appeal refused because the applicants contributed to the Council’s error by failing to provide adequate material in the development application and amended application; costs discretion exercised properly; no issue of principle or injustice warranting grant of leave.

Parties
First Applicant: Lee Environmental Planning Pty Ltd; Second Applicant: Lasovase Pty Ltd; First Respondent: Reulie Land Co Pty Ltd; Second Respondent: Wingecarribee Shire Council
Jurisdiction
Australia
Judgment Date
15 October 2020
Procedural Posture
Application for Leave to Appeal (costs) / Court of Appeal Decision
Outcome
Leave to appeal refused with costs
Legal Topics
Costs Discretion, Submitting Appearance, Development Application, Leave to Appeal, Responsibility for Errors of Consent Authority
Civil Procedure Planning and Environment Costs Costs Discretion Submitting Appearance Development Application Leave to Appeal Responsibility for Errors of Consent Authority

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Parties

Lee Environmental Planning Pty Ltd

First Applicant

Lasovase Pty Ltd

Second Applicant

Reulie Land Co Pty Ltd

First Respondent

Wingecarribee Shire Council

Second Respondent

Procedural Posture

Application for Leave to Appeal (costs) / Court of Appeal Decision

Legal Issues

  1. 1 Whether applicants responsible for error of consent authority
  2. 2 Whether failure by the primary judge to take into account considerations relevant to the costs discretion
  3. 3 Appropriate award of costs against parties who filed submitting appearances

Ratio Decidendi

Leave to appeal refused because the applicants contributed to the Council’s error by failing to provide adequate material in the development application and amended application; costs discretion exercised properly; no issue of principle or injustice warranting grant of leave.

Court Disposition

Leave to appeal refused with costs

Orders

  • Leave to appeal refused
  • Costs of the application for leave to appeal are to be borne by Lee Environmental Planning Pty Ltd and Lasovase Pty Ltd