Australians for Sustainable Development Inc v Minister for Planning (No 2) [2011] NSWLEC 70

Australians for Sustainable Development Inc v Minister for Planning (No 2) [2011] NSWLEC 70

Respondents ordered to pay applicant 75% of costs (excluding expert evidence costs) because applicant would have succeeded but for Minister's post-hearing amendment to SEPP 55; Minister to pay applicant's costs on indemnity basis due to unreasonable conduct connected with litigation and wasted public resources.

Parties
Applicant: Australians for Sustainable Development Inc; First Respondent: Minister for Planning; Second Respondent: Lend Lease (Millers Point) Pty Ltd; Third Respondent: Barangaroo Delivery Authority
Jurisdiction
Australia
Judgment Date
20 April 2011
Procedural Posture
Judicial Review / Post Hearing Costs Determination
Outcome
Costs awarded with apportionment and indemnity basis for Minister.
Legal Topics
Costs, State Environmental Planning Policy, Remediation of Land, Indemnity Costs, Apportionment of Costs
Administrative Law Planning Law Costs State Environmental Planning Policy Remediation of Land Indemnity Costs Apportionment of Costs

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Parties

Australians for Sustainable Development Inc

Applicant

Minister for Planning

First Respondent

Lend Lease (Millers Point) Pty Ltd

Second Respondent

Barangaroo Delivery Authority

Third Respondent

Procedural Posture

Judicial Review / Post Hearing Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded to applicant due to supervening amendment to SEPP 55 by Minister after hearing
  2. 2 Whether Minister's conduct justifies indemnity costs
  3. 3 Appropriate apportionment of costs for abandoned grounds and expert evidence

Ratio Decidendi

Respondents ordered to pay applicant 75% of costs (excluding expert evidence costs) because applicant would have succeeded but for Minister's post-hearing amendment to SEPP 55; Minister to pay applicant's costs on indemnity basis due to unreasonable conduct connected with litigation and wasted public resources.

Court Disposition

Costs awarded with apportionment and indemnity basis for Minister.

Orders

  • First respondent to pay 75% of applicant's costs except for costs relating to expert evidence on an indemnity basis.
  • Second and third respondents to pay 75% of applicant's costs except for costs relating to expert evidence.