Black Hill Residents Group Incorporated – INC1900196 v Marist Youth Care Limited (t/as Marist180) (No 6) [2021] NSWLEC 113

Black Hill Residents Group Incorporated – INC1900196 v Marist Youth Care Limited (t/as Marist180) (No 6) [2021] NSWLEC 113

The proceedings did not constitute public interest litigation within the meaning of r 4.2(1) of the Land and Environment Court Rules 2007 (NSW); Applicant's interest was confined to its members and impacts on their private properties, thereby conferring a pecuniary interest; as Marist was successful, costs should follow the event and be paid by the Applicant; reserved costs in interlocutory matters also awarded as specified.

Parties
Applicant: Black Hill Residents Group Incorporated; First Respondent: Marist Youth Care Limited (t/as Marist180); Second Respondent: Minister for Families, Communities and Disability Services
Jurisdiction
Australia
Judgment Date
20 October 2021
Procedural Posture
Class 4 Civil Enforcement Proceedings / Costs Determination Following Dismissal of Substantive Proceedings
Outcome
Costs awarded; security for costs released to First Respondent.
Legal Topics
Costs, Public Interest Litigation, Development Consent, Security for Costs
Environmental Law Administrative Law Planning Law Civil Procedure Costs Public Interest Litigation Development Consent Security for Costs

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Parties

Black Hill Residents Group Incorporated

Applicant

Marist Youth Care Limited (t/as Marist180)

First Respondent

Minister for Families, Communities and Disability Services

Second Respondent

Procedural Posture

Class 4 Civil Enforcement Proceedings / Costs Determination Following Dismissal of Substantive Proceedings

Legal Issues

  1. 1 Whether costs should follow the event in unsuccessful civil proceedings relating to development consent
  2. 2 Whether proceedings were brought in the public interest to displace the usual rule as to costs
  3. 3 Characterisation of facility as transitional group home under planning law

Ratio Decidendi

The proceedings did not constitute public interest litigation within the meaning of r 4.2(1) of the Land and Environment Court Rules 2007 (NSW); Applicant's interest was confined to its members and impacts on their private properties, thereby conferring a pecuniary interest; as Marist was successful, costs should follow the event and be paid by the Applicant; reserved costs in interlocutory matters also awarded as specified.

Court Disposition

Costs awarded; security for costs released to First Respondent.

Orders

  • The Applicant must pay the First Respondent's costs of the notice of motion dated 31 May 2019 as ordered 6 June 2019 as agreed or assessed.
  • The Applicant must pay the First Respondent's costs of Black Hill Residents Group Incorporated v Marist Youth Care Limited [2019] NSWLEC 112 as agreed or assessed.