Mills and Ors V Department of Land and Water Conservation and Ors [1999] NSWLEC 254

Mills and Ors V Department of Land and Water Conservation and Ors [1999] NSWLEC 254

No costs were ordered for the Local Land Board proceedings because the Board ordinarily does not make costs orders, particularly in Water Act 1912 proceedings, and it was inappropriate for the Court to do so on appeal. The applicants were entitled to their costs in this Court because they were entirely successful, had engaged in no disentitling misconduct, the proceedings did not involve public interest litigation, no relevant Class 3 no-costs practice applied, and both respondents fully participated in resisting the appeal.

Jurisdiction
Australia
Judgment Date
19 November 1999
Procedural Posture
Class 3 Proceedings Involving an Appeal From a Local Land Board Decision Under the Water Act 1912 / Judgment on Costs After the Applicants' Successful Appeal
Outcome
Applicants awarded their costs of the proceedings in this Court against the respondents; no costs awarded for the Local Land Board proceedings.
Legal Topics
['costs Discretion Under Land and Environment Court Act 1979 S 69' 'costs of Proceedings Giving Rise to an Appeal' 'controlled Work Approval Under Water Act 1912' 'class 3 Proceedings' 'costs Follow the Event']
['costs' 'water Law' 'land and Environment Court Procedure'] ['costs Discretion Under Land and Environment Court Act 1979 S 69' 'costs of Proceedings Giving Rise to an Appeal' 'controlled Work Approval Under Water Act 1912' 'class 3 Proceedings' 'costs Follow the Event']

Case Brief

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Procedural Posture

Class 3 Proceedings Involving an Appeal From a Local Land Board Decision Under the Water Act 1912 / Judgment on Costs After the Applicants' Successful Appeal

Legal Issues

  1. 1 ['Whether the applicants should receive their costs of the proceedings before the Local Land Board.' 'Whether the applicants should receive their costs of the appeal proceedings in this Court.' "Whether the first respondent's participation should be treated as analogous to that of an amicus curiae." 'Whether any practice of the Court in Class 3 proceedings justified departing from the usual order that costs follow the event.']

Ratio Decidendi

No costs were ordered for the Local Land Board proceedings because the Board ordinarily does not make costs orders, particularly in Water Act 1912 proceedings, and it was inappropriate for the Court to do so on appeal. The applicants were entitled to their costs in this Court because they were entirely successful, had engaged in no disentitling misconduct, the proceedings did not involve public interest litigation, no relevant Class 3 no-costs practice applied, and both respondents fully participated in resisting the appeal.

Court Disposition

Applicants awarded their costs of the proceedings in this Court against the respondents; no costs awarded for the Local Land Board proceedings.

Orders

  • ["The Respondents are to pay the Applicants' costs of the proceedings in this Court in the sum agreed, or failing agreement, as assessed."]