Lake Macquarie City Council v Australian Native Landscapes (No 3)

Land and Environment Court New South Wales Medium Neutral Citation: Lake Macquarie City Council v Australian Native Landscapes (No 3) [2015] NSWLEC 118 Hearing dates:23 July 2015Date of orders: 23 July 2015 Decision date: 23 July 2015 Jurisdiction:Class 4Before: Biscoe J Decision: Respondent to pay applicant’s costs. Catchwords: COSTS – civil enforcement proceedings – whether costs should be apportioned. Cases Cited: Australians for Sustainable Development Inc v Minister for Planning (No 2) [2011] NSWLEC 70 Brown v Randwick City Council (No 2) [2012] NSWLEC 28 F&D Bonaccorso Pty Ltd v City of Canada Bay Council (No 5) [2008] NSWLEC 235 Lake Macquarie City Council v Australian Native Landscapes (No 2) [2015] NSWLEC 114 Oshlack v Rous Water (No 3) [2012] NSWLEC 132 Category:CostsParties: Lake Macquarie City Council (Applicant) Australian Native Landscapes Pty Ltd (Respondent) Representation: COUNSEL: P Larkin SC and T To (Applicant) J Robson SC and H El-Hage (Respondent)   SOLICITORS: Long Legal (Applicant) TressCox (Respondent) File Number(s):40453 of 2014EXTEMPORE Judgment Last week I published reasons for judgment concluding with proposed orders on which I invited the parties to address the Court: Lake Macquarie City Council v Australian Native Landscapes (No 2) [2015] NSWLEC 114. They have done so today and, except for the issue of apportionment of costs, I have indicated the orders that I will shortly make. Council succeeded but not on all its claims. This is the springboard for the respondent’s (ANL’s) submission that costs be apportioned so that it only has to pay 90 percent of...