Dunford v Gosford City Council (No 3)

Land and Environment Court New South Wales Medium Neutral Citation: Dunford v Gosford City Council (No 3) [2015] NSWLEC 96 Hearing dates:1 May 2015Date of orders: 12 June 2015 Decision date: 12 June 2015 Jurisdiction:Class 1Before: Sheahan J Decision: (1) The respondent is ordered to pay the applicant’s costs of the Class 1 proceedings and of the applicant’s Notice of Motion and hearing on costs, as agreed or assessed.(2) All exhibits and court books are returned, except those retained in the file by Brown C. Catchwords: COSTS – Successful applicant claiming costs of Class 1 proceedings – Council refused consent despite compliance with the applicable planning controls – the applicant had no alternative but to bring proceedings – whether the Council’s conduct was so unreasonable that it displaces the presumptive rule that no order as to costs be made in Class 1 proceedings – costs of defended costs hearing. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Land and Environment Court Rules 1996 Land and Environment Court Rules 2007 Local Government Act 1993 Cases Cited: ACM Landmark Pty Limited v Cessnock City Council [2006] NSWLEC 256 Agonic Holdings Pty Ltd v Lithgow City Council [2009] NSWLEC 34 Aldi Foods Pty Limited v Holroyd City Council [2005] NSWLEC 338; 142 LGERA 141 Arden Anglican School v Hornsby Shire Council [2008] NSWLEC 103; 158 LGERA 224 Bailey v Oberon Shire Council [2007] NSWLEC 273 Charlie Lovett Pty Limited v Hurstville City Council (No 2) [2015] NSWLEC...