Mike George Planning Pty Ltd v Woollahra Municipal Council (No 4) [2014] NSWLEC 187

Mike George Planning Pty Ltd v Woollahra Municipal Council (No 4) [2014] NSWLEC 187

The s 56A appeal remained proceedings in Class 1 of the Court's jurisdiction because the original matter was within Class 1 under s 17(d) of the Land and Environment Court Act 1979 and nothing in s 56A caused it to lose that character. Accordingly r 3.7 of the Land and Environment Court Rules 2007 displaced r 42.1 of the Uniform Civil Procedure Rules 2005. Although the appeal involved a central legal question that was determinative of the proceedings, that circumstance alone was insufficient to displace the presumptive no-costs rule. The council did not establish unreasonable conduct, improper purpose, or that the appeal lacked reasonable prospects. It was therefore not fair and...

Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Notice of Motion for Costs in a S 56 a Appeal / After Dismissal of the S 56 a Appeal
Outcome
Notice of motion dismissed without any order as to costs.
Legal Topics
['costs in Class 1 Proceedings' 'appeals Under S 56 a of the Land and Environment Court Act 1979' 'application of R 3.7 of the Land and Environment Court Rules 2007' 'whether Costs Follow the Event']
['costs' 'planning and Environment Law'] ['costs in Class 1 Proceedings' 'appeals Under S 56 a of the Land and Environment Court Act 1979' 'application of R 3.7 of the Land and Environment Court Rules 2007' 'whether Costs Follow the Event']

Case Brief

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Procedural Posture

Notice of Motion for Costs in a S 56 a Appeal / After Dismissal of the S 56 a Appeal

Legal Issues

  1. 1 ['Whether a s 56A appeal was a Class 1 proceeding for the purposes of r 3.7(1)(a) of the Land and Environment Court Rules 2007, or whether r 42.1 of the Uniform Civil Procedure Rules 2005 applied so that costs follow the event.' "If r 3.7 of the Land and Environment Court Rules 2007 applied, whether it was fair and reasonable in the circumstances to order Mike George Planning Pty Ltd to pay Woollahra Municipal Council's costs of the unsuccessful appeal."]

Ratio Decidendi

The s 56A appeal remained proceedings in Class 1 of the Court's jurisdiction because the original matter was within Class 1 under s 17(d) of the Land and Environment Court Act 1979 and nothing in s 56A caused it to lose that character. Accordingly r 3.7 of the Land and Environment Court Rules 2007 displaced r 42.1 of the Uniform Civil Procedure Rules 2005. Although the appeal involved a central legal question that was determinative of the proceedings, that circumstance alone was insufficient to displace the presumptive no-costs rule. The council did not establish unreasonable conduct, improper purpose, or that the appeal lacked reasonable prospects. It was therefore not fair and...

Court Disposition

Notice of motion dismissed without any order as to costs.

Orders

  • ["The respondent's notice of motion filed 4 September 2014 is dismissed without any order as to costs."]