Jeffman Pty Ltd and Lawrence Dry Cleaners Pty Ltd v Environment Protection Authority of NSW, Sydney Water Corporation and Douglas and Hilary Hutchinson (No 2) [2011] NSWLEC 205

Jeffman Pty Ltd and Lawrence Dry Cleaners Pty Ltd v Environment Protection Authority of NSW, Sydney Water Corporation and Douglas and Hilary Hutchinson (No 2) [2011] NSWLEC 205

Neither party established circumstances making a costs order fair and reasonable, as neither engaged in unreasonable conduct, the intervention of Sydney Water was justifiable, and the result was not wholly in favour of one party; accordingly, no order for costs is made.

Jurisdiction
Australia
Judgment Date
16 November 2011
Procedural Posture
Merits Review Appeal (class 1) / Costs Application Following Substantive Decision
Outcome
Applications for costs by the first applicant and the second respondent dismissed. Each party to pay its own costs of the respective costs applications.
Legal Topics
['costs' 'contaminated Land Management' 'joinder of Parties']
['environmental Law' 'civil Procedure'] ['costs' 'contaminated Land Management' 'joinder of Parties']

Case Brief

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Procedural Posture

Merits Review Appeal (class 1) / Costs Application Following Substantive Decision

Legal Issues

  1. 1 ['Whether it is fair and reasonable to order costs in Class 1 proceedings under r 3.7(2) of the Land and Environment Court Rules 2007' 'Whether the conduct of the parties justified a departure from the usual rule as to costs']

Ratio Decidendi

Neither party established circumstances making a costs order fair and reasonable, as neither engaged in unreasonable conduct, the intervention of Sydney Water was justifiable, and the result was not wholly in favour of one party; accordingly, no order for costs is made.

Court Disposition

Applications for costs by the first applicant and the second respondent dismissed. Each party to pay its own costs of the respective costs applications.

Orders

  • ['The applications of the first applicant and of the second respondent for an order for costs of the proceedings are each dismissed.' 'Each of the first applicant and the second respondent is to pay their own costs of the respective applications for costs.' 'The exhibits may be returned.']