The Chief Judge's concurrence power under s 69(8) of the Land and Environment Court Act 1979 is directed to the appropriateness of the proposed costs order, not to reviewing the commissioner's reasoning process for errors of law. A comprehensive catalogue of circumstances warranting departure from the presumption against costs in class 1 proceedings is set out, including failure to provide required information with a development application and failure to comply with court directions. The question whether concurrence can be granted conditionally remains open.
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