Reported Decision: 176 LGERA 97
Land and Environment Court
of New South Wales
CITATION: Hooper v Port Stephens Council and Anor (No 3) [2010] NSWLEC 178 PARTIES: APPLICANT
Stephen James Hooper
FIRST RESPONDENT
Port Stephens Council
SECOND RESPONDENT
Trevlyn Peter HallettFILE NUMBER(S): 40010 of 2010 CORAM: Pain J KEY ISSUES: COSTS :- whether both successful respondents in class 4 proceedings should be awarded costs - whether proceedings brought in the public interest - whether indemnity costs ought be awarded LEGISLATION CITED: Civil Procedure Act 2005 s 98
Land and Environment Court Rules 2007 r 4.2, r 4.3
Port Stephens Development Control Plan 2007
Port Stephens Local Environmental Plan 2000
State Environmental Planning Policy No 1
Uniform Civil Procedure Rules 2005 r 42.1CASES CITED: Australiawide Airlines Ltd t/as Regional Express v Aspirion Pty Ltd [2006] NSWCA 365
Caroona Coal Action Group Inc v Coal Mines Australia Pty Limited (No 3) [2010] NSWLEC 59; (2010) 173 LGERA 280
Cutcliffe v Lithgow City Council [2006] NSWLEC 463; (2006) 147 LGERA 330
Engadine Area Traffic Action Group Inc v Sutherland Shire Council (No 2) (2004) 136 LGERA 365
Forsyth & Anor v Wilesmith & Ors (No 2) [2008] NSWLEC 260
Gray v Macquarie Generation (No 2) [2010] NSWLEC 82
Hooper v Port Stephens Council [2009] NSWLEC 234
Hooper v Port Stephens Council & Hallett [2010] NSWLEC 41
Hooper v Port Stephens Council and Anor [2010] NSWLEC 107
Hooper v Port Stephens Council and Anor (No 2) [2010] NSWLEC 112
Kindimindi Investments Pty Ltd v Lane Cove Council [2006] NSWLEC 17; (2006) 143 LGERA 268
Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534
North Cronulla Precinct Committee Inc v Sutherland Shire Council [1998] NSWLEC 171
Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72
Warringah Council v Sedevcic [1998] NSWLEC 171; (1987) 10 NSWLR 335
Westfield Management Limited & Ors v Direct Factory Outlets Homebush Pty Ltd (No 4) [2005] NSWLEC 168DATES OF HEARING: 15 September 2010
DATE OF JUDGMENT:
24 September 2010LEGAL REPRESENTATIVES: APPLICANT
In personFIRST RESPONDENT
SECOND RESPONDENT
Mr M Fraser
SOLICITORS
Harris Wheeler
Mr P Larkin
SOLICITORS
Equilaw Solicitors
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESPain J
24 September 2010
JUDGMENT40010 of 2010 Hooper v Port Stephens Council and Anor (No 3)
1 Her Honour: I dismissed the Applicant Mr Hooper’s judicial review proceedings in Hooper v Port Stephens Council and Anor (No 2) [2010] NSWLEC 112 (Hooper No 2). Costs remain for determination. Both Respondents seek their costs including on an indemnity basis from certain dates. The First Respondent, Port Stephens Council (the Council), granted development consent for a house to the Second Respondent on land in Port Stephens which is the subject of the Mr Hooper’s judicial review challenge. Both Respondents played an active role in the substantive hearing. Mr Hooper opposes any costs order on the basis that these are proceedings taken in the…
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- [2010] NSWLEC 178
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