Toplace Pty Ltd v City of Parramatta Council [2021] NSWLEC 1323

Toplace Pty Ltd v City of Parramatta Council [2021] NSWLEC 1323

The Applicant had alternative means to challenge conditions 10A and 56(d), chose to commence Class 1 proceedings to which r 3.7 applied, and did not demonstrate that the Council conducted itself in dereliction of duty, bad faith, or otherwise in a manner making a costs order fair and reasonable. Council kept the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 June 2021
Procedural Posture
Class 1 Notice of Motion for Costs Under R 3.7 of the Land and Environment Court Rules 2007 / Notice of Motion After the Substantive Dispute Was Resolved by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Motion dismissed.
Legal Topics
['costs in Class 1 Proceedings' 'land and Environment Court Rule 3.7' 'modification Application Conditions' 'section 34 Agreement']
['planning and Environment Law' 'civil Procedure'] ['costs in Class 1 Proceedings' 'land and Environment Court Rule 3.7' 'modification Application Conditions' 'section 34 Agreement']

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Procedural Posture

Class 1 Notice of Motion for Costs Under R 3.7 of the Land and Environment Court Rules 2007 / Notice of Motion After the Substantive Dispute Was Resolved by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether it was fair and reasonable under r 3.7 of the Land and Environment Court Rules 2007 to order the respondent to pay the applicant's costs." "Whether the respondent's conduct in the proceedings justified departing from the presumptive position that there be no costs order in Class 1 planning appeals."]

Ratio Decidendi

The Applicant had alternative means to challenge conditions 10A and 56(d), chose to commence Class 1 proceedings to which r 3.7 applied, and did not demonstrate that the Council conducted itself in dereliction of duty, bad faith, or otherwise in a manner making a costs order fair and reasonable. Council kept the Applicant informed of TfNSW's position and, once TfNSW no longer pressed the conditions, entered into a s 34 agreement. It was therefore not reasonable or just to order costs against Council.

Court Disposition

Motion dismissed.

Orders

  • ['Motion dismissed.']