In complex, multi-issue environmental planning litigation involving multiple respondents, a broad-brush global approach to costs apportionment is preferable to issue-by-issue determination to minimise further disputation. A public authority respondent that actively defends proceedings rather than adopting a neutral submitting appearance bears costs responsibility as an unsuccessful party. A developer subject to a suspension order under s 25B of the Land and Environment Court Act 1979 (NSW) may not be precluded from seeking declaratory relief or variation of the order, notwithstanding the apparent limitation of s 25C to consent authorities.
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