McCallum v Sandercock (No 2) [2011] NSWLEC 203

McCallum v Sandercock (No 2) [2011] NSWLEC 203

Where the applicant succeeded on water pollution but not on separate claims of air and noise pollution, and the proceedings were not brought in the public interest, costs should be apportioned to reflect the mixed success. The applicant is entitled to 60% of her costs.

Jurisdiction
Australia
Judgment Date
10 November 2011
Procedural Posture
Civil Enforcement (class 4) / Post Judgment Hearing on Relief and Costs
Outcome
Relief ordered by consent; respondent to pay 60% of applicant's costs; other specific orders as set out.
Legal Topics
['water Pollution' 'air Pollution' 'noise Pollution' 'civil Enforcement' 'costs Orders' 'public Interest Litigation']
['environmental Law' 'civil Procedure'] ['water Pollution' 'air Pollution' 'noise Pollution' 'civil Enforcement' 'costs Orders' 'public Interest Litigation']

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Procedural Posture

Civil Enforcement (class 4) / Post Judgment Hearing on Relief and Costs

Legal Issues

  1. 1 ['What relief is appropriate where statutory breach is found for water pollution but not for air or noise pollution?' 'Should the successful applicant be entitled to full, partial, or no costs where only partial success was achieved and proceedings were not brought in the public interest?']

Ratio Decidendi

Where the applicant succeeded on water pollution but not on separate claims of air and noise pollution, and the proceedings were not brought in the public interest, costs should be apportioned to reflect the mixed success. The applicant is entitled to 60% of her costs.

Court Disposition

Relief ordered by consent; respondent to pay 60% of applicant's costs; other specific orders as set out.

Orders

  • ['Respondents to prepare, certify, and seek approval for additional sump pits effective to capture quarry runoff.' 'Respondents to pursue all reasonable steps (including approvals and fees) for construction of sump pits.' 'Respondents to construct sump pits within two months of approvals.' 'Respondents to regularly...