Gunning Sustainable Development Association Incorporated v Upper Lachlan Council and Anor [2004] NSWLEC 603

Gunning Sustainable Development Association Incorporated v Upper Lachlan Council and Anor [2004] NSWLEC 603

Given substantial security has already been provided and evidence that further large orders would permanently stay the proceedings, a further small amount of $5,000 for each Respondent is appropriate, balancing protection of Respondents with potential oppressiveness to Applicant.

Jurisdiction
Australia
Judgment Date
29 October 2004
Procedural Posture
Class 4 Proceedings (judicial Review of Development Consent) / Application for Further Security for Costs
Outcome
Applicant ordered to provide further security for costs ($5,000 each Respondent) or proceedings will be stayed; costs reserved.
Legal Topics
['security for Costs' 'public Interest Litigation' 'development Consent' 'environmental Planning and Assessment Act 1979 S 123']
['practice and Procedure' 'planning Law'] ['security for Costs' 'public Interest Litigation' 'development Consent' 'environmental Planning and Assessment Act 1979 S 123']

Case Brief

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Procedural Posture

Class 4 Proceedings (judicial Review of Development Consent) / Application for Further Security for Costs

Legal Issues

  1. 1 ['Whether further security for costs should be ordered against applicant' 'Whether the litigation is in the public interest' 'Quantum of security for costs']

Ratio Decidendi

Given substantial security has already been provided and evidence that further large orders would permanently stay the proceedings, a further small amount of $5,000 for each Respondent is appropriate, balancing protection of Respondents with potential oppressiveness to Applicant.

Court Disposition

Applicant ordered to provide further security for costs ($5,000 each Respondent) or proceedings will be stayed; costs reserved.

Orders

  • ['Applicant to provide additional security for costs to First Respondent: $5,000 by 4 November 2004, satisfactory to Registrar.' 'Applicant to provide additional security for costs to Second Respondent: $5,000 by 4 November 2004, satisfactory to Registrar.' 'If security not provided by 4 November 2004, proceedings...