Milne v Minister for Planning & Anor [No. 3] [2007] NSWLEC 81

Milne v Minister for Planning & Anor [No. 3] [2007] NSWLEC 81

Given the public nature of the documents, the Council’s close involvement in the development approval and the public interest, only limited indemnity for expenses incurred in photocopying and attending court/preparing for attendance was reasonable; full indemnity was not justified. The maximum recoverable amount was set at $800. Each party otherwise to bear its own costs regarding the subpoenas and notice of motion.

Jurisdiction
Australia
Judgment Date
26 February 2007
Procedural Posture
Appeal (class 1) / Ruling on Costs and Expenses Related to Subpoenas
Outcome
Applicant ordered to pay Tweed Shire Council’s reasonable losses and expenses limited to photocopying and attendance/preparation for court in response to the two subpoenas, not exceeding $800; parties otherwise to bear their own costs regarding the subpoenas and notice of motion.
Legal Topics
['subpoenas' 'costs' 'consent Authority in Development Applications' 'designated Development']
['environmental Law' 'civil Procedure'] ['subpoenas' 'costs' 'consent Authority in Development Applications' 'designated Development']

Case Brief

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Procedural Posture

Appeal (class 1) / Ruling on Costs and Expenses Related to Subpoenas

Legal Issues

  1. 1 ["Whether the Council, as a third party subpoena recipient, is entitled to its costs and expenses in complying with subpoenas issued at the Applicant's request" 'Whether the expenses claimed are reasonable under Pt 37 r 11 of the Supreme Court Rules 1970' 'Appropriate allocation of costs in the context of public interest litigation']

Ratio Decidendi

Given the public nature of the documents, the Council’s close involvement in the development approval and the public interest, only limited indemnity for expenses incurred in photocopying and attending court/preparing for attendance was reasonable; full indemnity was not justified. The maximum recoverable amount was set at $800. Each party otherwise to bear its own costs regarding the subpoenas and notice of motion.

Court Disposition

Applicant ordered to pay Tweed Shire Council’s reasonable losses and expenses limited to photocopying and attendance/preparation for court in response to the two subpoenas, not exceeding $800; parties otherwise to bear their own costs regarding the subpoenas and notice of motion.

Orders

  • ['Ms Katie Milne to pay Tweed Shire Council reasonable losses and expenses in complying with subpoenas dated 8 December 2006 and 6 February 2007, limited to photocopying and court attendance/preparation, not exceeding $800.' 'Ms Katie Milne and Tweed Shire Council to otherwise pay their own costs of and incidental...