Millers Point Fund Incorporated v Lendlease (Millers Point) Pty Ltd (No 2) [2017] NSWLEC 29

Millers Point Fund Incorporated v Lendlease (Millers Point) Pty Ltd (No 2) [2017] NSWLEC 29

The proceedings were brought in the public interest, raised novel issues of law, affected a broad section of the community, involved significant environmental matters, and there were no countervailing circumstances warranting departure from the public interest costs rule. Pursuant to r 4.2(1) of the Land and Environment Court Rules 2007 (NSW), each party should bear its own costs.

Jurisdiction
Australia
Judgment Date
20 March 2017
Procedural Posture
Judicial Review Costs Application / Post Judgment, Notice of Motion for Alternative Costs Order
Outcome
Applicant’s Notice of Motion granted; each party to pay its own costs.
Legal Topics
['public Interest Litigation' 'costs Orders' 'statutory Interpretation']
['administrative Law' 'environmental Law' 'civil Procedure'] ['public Interest Litigation' 'costs Orders' 'statutory Interpretation']

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Procedural Posture

Judicial Review Costs Application / Post Judgment, Notice of Motion for Alternative Costs Order

Legal Issues

  1. 1 ['Whether proceedings were brought in the public interest for purposes of costs order' 'Whether departure from usual costs rule is justified under r 4.2(1) Land and Environment Court Rules 2007 (NSW)']

Ratio Decidendi

The proceedings were brought in the public interest, raised novel issues of law, affected a broad section of the community, involved significant environmental matters, and there were no countervailing circumstances warranting departure from the public interest costs rule. Pursuant to r 4.2(1) of the Land and Environment Court Rules 2007 (NSW), each party should bear its own costs.

Court Disposition

Applicant’s Notice of Motion granted; each party to pay its own costs.

Orders

  • ['Pursuant to r 4.2(1) of the Land and Environment Court Rules 2007 (NSW), each party is to pay its own costs of the Proceedings.']