Lee Environmental Planning Pty Ltd v Reulie Land Co Pty Ltd

[2020] NSWCA 254

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Party/party costs
3. › Leave to appeal against costs order
4. › Discretionary costs decision
5. › Whether error of principle shown
6. › Whether conclusions reasonably open to primary judge
7. › Land and Environment Court Act 1979 (NSW), s 58(3)
8. › Civil Procedure Act 2005 (NSW), s 98
1. Costs
2. › Party/party costs
3. › Submitting appearances
4. › Whether submitting party may be ordered to pay costs
5. › No prima facie rule against costs order
6. › Principled exercise of costs discretion
7. › Uniform Civil Procedure Rules 2005 (NSW), r 6.11
1. Costs
2. › Party/party costs
3. › Development consent proceedings
4. › Applicant for development consent contributing to consent authority's error
5. › Whether applicant bears responsibility for inadequate information in development application
6. › Environmental Planning and Assessment Regulation 2000 (NSW), cll 50(1)(c), 54, 55

Quick Take

Practitioners acting for applicants for development consent should note that filing a submitting appearance does not insulate a party from a costs order, particularly where the party contributed to the consent authority's error by providing inadequate information in the development application.