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Reported Decision: 125 LGERA 414
Land and Environment Court
of New South Wales
CITATION: Carriage v Stockland (Constructors) Pty Ltd and Ors [No 4] [2003] NSWLEC 129 PARTIES: APPLICANT
RESPONDENTS
Allan Carriage
Stockland (Constructors) Pty Ltd and OrsFILE NUMBER(S): 40863 of 2002 CORAM: Pain J KEY ISSUES: Costs :- Class 4 proceedings - application for costs relating to unsuccessful application for interlocutory injunction - whether costs should be awarded at interlocutory stage - whether costs should be determined after the final determination of the matter LEGISLATION CITED: Land and Environment Court Act 1979 s 69 CASES CITED: Carriage v Stockland (Constructors) Pty Ltd and Another [2002] NSWLEC 117;
Carriage v Stockland (Constructors) Pty Limited and Another (No 2) [2002] NSWLEC 121;
Carriage v Stockland (Constructors) Pty Ltd and Another (Costs) [2002] NSWLEC 218;
Carriage v Stockland (Constructors) Pty Ltd and Ors [2002] NSWLEC 216;
Carriage v Stockland (Constructors) Pty Ltd and Ors (No 2) [2002] NSWLEC 217; (2002) 123 LGERA 214;
Carriage v Stockland (Constructors) Pty Ltd & Ors [No 3] [2003] NSWLEC 86;
Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397;
Kennedy on behalf of the Sandon Point Aboriginal Tent Embassy v The Director-General of the National Parks and Wildlife Service and Another (No. 2) [2002] NSWLEC 127;
Oshlack v Richmond River Council (1998) 193 CLR 72;
Stockland (Constructors) Pty Ltd v Allan Richard Carriage (2002) 123 LGERA 289;
Wadi Wadi Coomaditchi Aboriginal Corporation v Stockland (Constructors) Pty Ltd [2002] NSWLEC 105DATES OF HEARING: 27/02/2003, 04/03/2003 DATE OF JUDGMENT:
05/28/2003LEGAL REPRESENTATIVES:
APPLICANT
Mr A Oshlack (agent)
SOLICITORS
N/AFIRST RESPONDENT
Mr S Brockwell (barrister)
SOLICITORS
Baker & McKenzieSECOND RESPONDENT
Ms A Pearman (barrister) (27/02/2003)
NA - 04/03/2003
SOLICITORS
National Parks and Wildlife ServicesTHIRD RESPONDENT
FOURTH RESPONDENT
submitting appearance
NA - 27/02/2003
Mr M Fraser (barrister) (04/03/2003)
SOLICITORS
Peedoms
JUDGMENT:
40863 of 2002
Pain J
28 May 2003
- Applicant
v
STOCKLAND (CONSTRUCTORS) PTY LTD
- First Respondent
DIRECTOR-GENERAL OF THE NATIONAL PARKS AND WILDLIFE
SERVICE OF NEW SOUTH WALES
Second Respondent
Third Respondent
Fourth Respondent
Introduction
1. This judgment concerns a Notice of Motion filed by the First Respondent on 24 February 2003 seeking costs in relation to an application brought by the Applicant for an interlocutory injunction. That interlocutory injunction was refused. The First Respondent’s Notice of Motion seeks the following:
1. An order that the Applicant pay the First Respondent’s costs of preparation, and of the hearing, in relation to the first order sought by the Applicant in its Notice of Motion dated 3 February 2003.
2. An order granting leave to the First Respondent to have the costs sought in the above order assessed immediately.
2. The First Respondent also sought its costs on an indemnity basis.
Background
3. In order to understand the arguments put by the…
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- Case
- [2003] NSWLEC 129
- Decision Date
CaseChat Overview and Summary
The court considered the submissions from both parties, noting that interlocutory costs are typically reserved until the final outcome. However, the First Respondent argued that despite the interlocutory nature of the matter, special circumstances warranted an immediate costs order. The Applicant, on the other hand, emphasised the public interest nature of the litigation and the lack of a final determination of the issues, advocating for the usual practice of reserving costs.
The court held that while the usual practice is to reserve costs until the final outcome, the circumstances of this case necessitated a different approach. Despite the unsuccessful interlocutory application, the court found that the matters argued by the Applicant had not been fully litigated, and the final outcome remained undetermined. Consequently, the court refused the First Respondent’s application for costs at this stage, instead postponing the decision until the final outcome of the costs in these proceedings is determined. The court also noted that it was unnecessary to consider the application for indemnity costs or the immediate assessment of costs.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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