Charlie Lovett Pty Limited v Hurstville City Council (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: Charlie Lovett Pty Limited v Hurstville City Council (No 2) [2015] NSWLEC 87 Hearing dates:20 November 2014; 17 April 2015; 1 May 2015; 15 May 2015Date of orders: 05 June 2015 Decision date: 05 June 2015 Jurisdiction:Class 1Before: Sheahan J Decision: (1) All Notices of Motion for costs are dismissed.(2) Each party is ordered to pay its own costs of:(a) The Class 1 appeal proceedings 10873/2013;(b) The s 56A appeal proceedings 10657/2014; and(c) The Notices of Motion and hearing on costs.(3) All exhibits, including those retained on file 10873/2013, pursuant to the orders of Pearson C, are returned. Catchwords: COSTS – discontinuance of a part-heard appeal brought under s 56A of the Land and Environment Court Act 1979 – Applicant/Appellant claims its costs of both the substantive Class 1 appeal, and the discontinued s 56A appeal – Council seeks its costs of the appeal – costs of determining costs issues – each party ordered to pay its own costs of all three matters. Legislation Cited: Civil Procedure Act 2005 Hurstville Development Control Plan No 1 – Hurstville LGA Wide Hurstville Local Environmental Plan 1994 Hurstville Local Environmental Plan 2012 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Local Government Act 1993 Uniform Civil Procedure Rules 2005 Cases Cited: Arden Anglican School v Hornsby Shire Council [2008] NSWLEC 103; 158 LGERA 224 Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 Australian Securities Commission v...