Local Democracy Matters Incorporated v Infrastructure NSW; Waverley Council v Infrastructure NSW (No 4) [2019] NSWLEC 140

Local Democracy Matters Incorporated v Infrastructure NSW; Waverley Council v Infrastructure NSW (No 4) [2019] NSWLEC 140

The Court exercised its discretion under r 4.2 of the Land and Environment Court Rules 2007 to depart from the usual rule that costs follow the event. Local Democracy Matters Incorporated's proceedings were public interest in nature because it was a not-for-profit civic advocacy organisation, served a wide public interest, sought enforcement of public law obligations, had no pecuniary interest, and the Sydney Football Stadium redevelopment had substantial physical and public significance. Two of its three grounds, concerning design excellence under cl 6.21 of the Sydney Local Environmental Plan 2012 and contamination under cl 7(1) of State Environmental Planning Policy No 55—Remediation...

Jurisdiction
Australia
Judgment Date
01 October 2019
Procedural Posture
Costs in Class 4 Judicial Review Proceedings / After Dismissal of the Applicants' Judicial Review Proceedings Challenging Approval of the Concept Plan and Stage 1 Works for the Sydney Football Stadium
Outcome
Each party to pay their own costs in both proceedings.
Legal Topics
['public Interest Costs Orders' 'land and Environment Court Rules 2007 R 4.2' 'judicial Review of Development Consent' 'sydney Football Stadium Redevelopment' 'design Excellence' 'contamination Assessment' 'concept Development Applications']
['civil Procedure' 'costs' 'environmental Planning and Assessment' 'administrative Law'] ['public Interest Costs Orders' 'land and Environment Court Rules 2007 R 4.2' 'judicial Review of Development Consent' 'sydney Football Stadium Redevelopment' 'design Excellence' 'contamination Assessment' 'concept Development Applications']

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Procedural Posture

Costs in Class 4 Judicial Review Proceedings / After Dismissal of the Applicants' Judicial Review Proceedings Challenging Approval of the Concept Plan and Stage 1 Works for the Sydney Football Stadium

Legal Issues

  1. 1 ["Whether Local Democracy Matters Incorporated's unsuccessful judicial review proceedings were brought in the public interest for the purposes of r 4.2 of the Land and Environment Court Rules 2007." "Whether there was something more than public interest characterisation in Local Democracy Matters Incorporated's proceedings sufficient to justify departure from the usual rule that costs follow the event." 'Whether countervailing circumstances, including alleged political motivation or benefit, prevented a departure from the usual costs rule for Local Democracy Matters Incorporated.' "Whether Waverley Council's unsuccessful judicial review proceedings were brought in the public interest and involved something more sufficient to justify departure from the usual costs rule." "Whether Waverley Council's separate proceedings created duplication or other countervailing considerations disentitling it to a public interest costs order."]

Ratio Decidendi

The Court exercised its discretion under r 4.2 of the Land and Environment Court Rules 2007 to depart from the usual rule that costs follow the event. Local Democracy Matters Incorporated's proceedings were public interest in nature because it was a not-for-profit civic advocacy organisation, served a wide public interest, sought enforcement of public law obligations, had no pecuniary interest, and the Sydney Football Stadium redevelopment had substantial physical and public significance. Two of its three grounds, concerning design excellence under cl 6.21 of the Sydney Local Environmental Plan 2012 and contamination under cl 7(1) of State Environmental Planning Policy No 55—Remediation...

Court Disposition

Each party to pay their own costs in both proceedings.

Orders

  • ['In both proceedings numbers 19/39988 and 19/43610, each party pay their own costs.']