Marshall Rural Pty Limited v Hawkesbury City Council

Land and Environment Court New South Wales Medium Neutral Citation: Marshall Rural Pty Limited v Hawkesbury City Council [2016] NSWLEC 127 Hearing dates:12 September 2016Decision date: 12 September 2016 Jurisdiction:Class 4Before: Moore J Decision: See [18] to [20] Catchwords: COSTS – apportionment – applicant not successful on all issues – differential lodgement of submitting appearance by Council – costs order against Council agreed – determination of costs between remaining parties – costs order Legislation Cited: Hawkesbury Local Environment Plan 2012 Uniform Civil Procedure Rules 2005, Pt 42 r 42.1 Cases Cited: Marshall Rural Pty Ltd v Basscave Limited [2015] NSWLEC 86 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Category:CostsParties: Marshall Rural Pty Limited (Applicant) Hawkesbury City Council (First Respondent) Basscave Pty Limited (Second Respondent) Argosy Agricultural Group Pty Limited (Third Respondent) Representation: Counsel: Mr S Gray, barrister (Applicant) Mr N Eastman, barrister (First Respondent) Mr C Leggat SC (Second and Third Respondents)   Solicitors: W Advisers Pty Limited (Applicant) Pikes & Verekers (First Respondent) Doyle Wilson Solicitors (Second and Third Respondents) File Number(s):154005 of 2016 and 160454 of 2016Publication restriction:NoJudgment HIS HONOUR: In each of these proceedings, the original applicant in these Class 4 proceedings, Marshall Rural Pty Limited (Marshall Rural), seeks an order for costs, as do the substantive respondents, which I will describe as the “Basscave interests”. There are two sets of proceedings and they are also proceedings that involve Hawkesbury Shire Council (the Council), with respect to whose participation, it is conceded...