Simmattown Pty Ltd v Randwick City Council [2024] NSWLEC 118

Simmattown Pty Ltd v Randwick City Council [2024] NSWLEC 118

The Council failed to establish any unreasonable conduct by the Applicants under rule 3.7(3)(b)(ii); the applicants prepared and maintained their case in accordance with the contentions identified by the parties, and the emergence of the need for acoustic evidence at hearing did not retrospectively warrant a costs order. The Court was not satisfied that the circumstances justified departing from the general 'no discouragement' rule. The Council's notice of motion is dismissed and the Council is to pay the Applicants' costs of the motion.

Parties
First Applicant: Simmattown Pty Ltd; Second Applicant: Cheung Properties Pty Ltd; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
31 October 2024
Procedural Posture
Class 1 Appeal / Costs Application Following Discontinuance of Appeal
Outcome
Notice of motion dismissed; Council to pay Applicants' costs of the motion
Legal Topics
Costs, Development Applications, Class 1 Appeals, Discontinuance, Expert Evidence
Planning and Environment Law Costs Development Applications Class 1 Appeals Discontinuance Expert Evidence

Case Brief

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Parties

Simmattown Pty Ltd

First Applicant

Cheung Properties Pty Ltd

Second Applicant

Randwick City Council

Respondent

Procedural Posture

Class 1 Appeal / Costs Application Following Discontinuance of Appeal

Legal Issues

  1. 1 Whether costs should be awarded to the Council after the Applicants discontinued the Class 1 appeal following commencement of hearing
  2. 2 Application of the 'no discouragement' principle and Land and Environment Court Rules 2007 (NSW) r 3.7

Ratio Decidendi

The Council failed to establish any unreasonable conduct by the Applicants under rule 3.7(3)(b)(ii); the applicants prepared and maintained their case in accordance with the contentions identified by the parties, and the emergence of the need for acoustic evidence at hearing did not retrospectively warrant a costs order. The Court was not satisfied that the circumstances justified departing from the general 'no discouragement' rule. The Council's notice of motion is dismissed and the Council is to pay the Applicants' costs of the motion.

Court Disposition

Notice of motion dismissed; Council to pay Applicants' costs of the motion

Orders

  • The notice of motion dated 21 August 2024 is dismissed.
  • The Council is to pay the Applicants' costs of the notice of motion dated 21 August 2024.