Wayne Sales-Cini v Wyong City Council & Anor [2009] NSWLEC 1388

Wayne Sales-Cini v Wyong City Council & Anor [2009] NSWLEC 1388

The interests of providing access to justice to an impecunious applicant seeking to enforce public law obligations in the protection of Aboriginal heritage outweigh the risk to the respondent of unrecoverable costs at this interlocutory stage. The applicant's proceedings are brought in the public interest, and to allow the claim to proceed without security does not, at this stage, amount to an abuse of process. Accordingly, the Court declines to order security for costs and dismisses the application.

Parties
Applicant: Wayne Sales-Cini; First Respondent: Wyong City Council; Second Respondent: Threshold Developments Pty Ltd
Jurisdiction
Australia
Judgment Date
05 August 2009
Procedural Posture
Judicial Review / Interlocutory (security for Costs Application)
Outcome
Notice of Motion for security for costs dismissed; question of costs reserved.
Legal Topics
Security for Costs, Impecuniosity, Public Interest Litigation, Judicial Review, Aboriginal Heritage Protection
Administrative Law Environmental Law Civil Procedure Security for Costs Impecuniosity Public Interest Litigation Judicial Review Aboriginal Heritage Protection

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Parties

Wayne Sales-Cini

Applicant

Wyong City Council

First Respondent

Threshold Developments Pty Ltd

Second Respondent

Procedural Posture

Judicial Review / Interlocutory (security for Costs Application)

Legal Issues

  1. 1 Whether the applicant should be ordered to provide security for costs in judicial review proceedings relating to a development approval
  2. 2 Whether the proceedings are brought in the public interest and, if so, whether this affects the appropriateness of an order for security for costs
  3. 3 Whether the applicant’s case is strong or has reasonable prospects of success

Ratio Decidendi

The interests of providing access to justice to an impecunious applicant seeking to enforce public law obligations in the protection of Aboriginal heritage outweigh the risk to the respondent of unrecoverable costs at this interlocutory stage. The applicant's proceedings are brought in the public interest, and to allow the claim to proceed without security does not, at this stage, amount to an abuse of process. Accordingly, the Court declines to order security for costs and dismisses the application.

Court Disposition

Notice of Motion for security for costs dismissed; question of costs reserved.

Orders

  • The Notice of Motion filed by the second respondent on 8 July 2009 be dismissed.
  • The question of costs of the Notice of Motion be reserved.