Rocla Pty Ltd v Minister for Infrastructure, Planning and Natural Resources & Anor [2006] NSWLEC 481

Rocla Pty Ltd v Minister for Infrastructure, Planning and Natural Resources & Anor [2006] NSWLEC 481

Because the Minister did not contest the Grey-headed Flying Fox issue and would not have incurred expert costs on that issue absent the council's involvement, it would not be fair or reasonable to make the Minister jointly and severally liable for the CAE fees for that issue. Justice was best served by requiring the parties who contested the issue, the applicant and the second respondent, to bear joint and several responsibility for the CAE costs, there being no special circumstances justifying a different order.

Jurisdiction
Australia
Judgment Date
04 August 2006
Procedural Posture
Class 1 Proceedings by Way of an Appeal Against the Determination of the Minister as Consent Authority / Determination of Liability for Court Appointed Expert Expenses Where Issues Were Raised by the Second Respondent and Not Contested by the First Respondent
Outcome
The first respondent was not made liable for the costs of the Court Appointed Expert appointed to assess the impact of the development on the Grey-headed Flying Fox.
Legal Topics
['court Appointed Experts' 'expert Expenses' 'joinder of Objectors' 'merits Appeals' 'designated Development' 'aboriginal Heritage and Archaeology' 'threatened Fauna Impacts']
['environmental Planning and Assessment' 'land and Environment Court Practice and Procedure'] ['court Appointed Experts' 'expert Expenses' 'joinder of Objectors' 'merits Appeals' 'designated Development' 'aboriginal Heritage and Archaeology' 'threatened Fauna Impacts']

Case Brief

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Procedural Posture

Class 1 Proceedings by Way of an Appeal Against the Determination of the Minister as Consent Authority / Determination of Liability for Court Appointed Expert Expenses Where Issues Were Raised by the Second Respondent and Not Contested by the First Respondent

Legal Issues

  1. 1 ['Whether the first respondent should be liable to contribute to the costs of Court Appointed Experts appointed in relation to issues in respect of which it does not intend to rely.' 'Whether the costs of a Court Appointed Expert should be borne by all parties jointly and severally or only by the parties contesting the issue addressed by the expert.']

Ratio Decidendi

Because the Minister did not contest the Grey-headed Flying Fox issue and would not have incurred expert costs on that issue absent the council's involvement, it would not be fair or reasonable to make the Minister jointly and severally liable for the CAE fees for that issue. Justice was best served by requiring the parties who contested the issue, the applicant and the second respondent, to bear joint and several responsibility for the CAE costs, there being no special circumstances justifying a different order.

Court Disposition

The first respondent was not made liable for the costs of the Court Appointed Expert appointed to assess the impact of the development on the Grey-headed Flying Fox.

Orders

  • ['The costs of the Court Appointed Expert appointed to assess the impact of the development on the Grey-headed Flying Fox are the joint and several responsibility of the applicant and the second respondent.']