Westfield Management Limited & Ors v Direct Factory Outlets Homebush Pty Limited Ors [2004] NSWLEC 538

Westfield Management Limited & Ors v Direct Factory Outlets Homebush Pty Limited Ors [2004] NSWLEC 538

Although the Court had power under s 69(2)(a) of the Land and Environment Court Act 1979 to order immediate assessment of costs, the Respondents had not shown exceptional circumstances warranting departure from the Land and Environment Court's usual practice that costs are assessed after final disposition. The proceedings, although involving large commercial entities, were brought under open standing provisions of the Environmental Planning and Assessment Act 1979 to restrain an alleged breach of that Act and were not appropriately treated as analogous to Supreme Court Commercial List proceedings. The Applicants' conduct was not unreasonable, so the costs order remained unchanged and was...

Jurisdiction
Australia
Judgment Date
24 September 2004
Procedural Posture
Proceedings Under Open Standing Provisions of the Environmental Planning and Assessment Act 1979 to Restrain an Alleged Breach of That Act / Judgment on Costs Following a Successful Strike Out Application, Concerning Whether Awarded Costs Should Be Assessable Immediately
Outcome
Application for the costs awarded to the First, Second and Fourth Respondents to be assessable immediately refused; the costs order made on 25 June 2004 remained unchanged.
Legal Topics
['immediate Assessment of Costs' 'strike Out Application' 'discretion as to Costs' 'open Standing Proceedings']
['costs' 'environmental Planning and Assessment' 'land and Environment Court Procedure'] ['immediate Assessment of Costs' 'strike Out Application' 'discretion as to Costs' 'open Standing Proceedings']

Case Brief

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Procedural Posture

Proceedings Under Open Standing Provisions of the Environmental Planning and Assessment Act 1979 to Restrain an Alleged Breach of That Act / Judgment on Costs Following a Successful Strike Out Application, Concerning Whether Awarded Costs Should Be Assessable Immediately

Legal Issues

  1. 1 ['Whether the costs awarded to the First, Second and Fourth Respondents on the strike out application should be assessable immediately rather than after final disposition of the proceedings.' 'Whether s 69(2)(a) of the Land and Environment Court Act 1979 empowers the Court to order immediate assessment of costs.' 'Whether the proceedings should be treated analogously to Commercial List proceedings in the Supreme Court for costs assessment purposes.' 'Whether exceptional circumstances justified departure from the usual practice of the Land and Environment Court that costs are assessed after final disposition.']

Ratio Decidendi

Although the Court had power under s 69(2)(a) of the Land and Environment Court Act 1979 to order immediate assessment of costs, the Respondents had not shown exceptional circumstances warranting departure from the Land and Environment Court's usual practice that costs are assessed after final disposition. The proceedings, although involving large commercial entities, were brought under open standing provisions of the Environmental Planning and Assessment Act 1979 to restrain an alleged breach of that Act and were not appropriately treated as analogous to Supreme Court Commercial List proceedings. The Applicants' conduct was not unreasonable, so the costs order remained unchanged and was...

Court Disposition

Application for the costs awarded to the First, Second and Fourth Respondents to be assessable immediately refused; the costs order made on 25 June 2004 remained unchanged.

Orders

  • ["The costs order made in the First, Second and Fourth Respondents' favour on 25 June 2004 is unchanged."]