Hunter Development Brokerage Pty Ltd v Cessnock City Council (No 2)

Hunter Development Brokerage Pty Ltd (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the Land and Environment Court. The dispute concerned the award of costs in Class 1 proceedings before the Land and Environment Court, specifically in circumstances where questions of legal capacity had arisen.

The Court of Appeal was required to determine whether the primary judge's decision regarding costs was inconsistent with an established approach within the Land and Environment Court, and if such inconsistency, if found, constituted an error of law. The core of the appeal revolved around the application of Rule 4(2) of the Land and Environment Court Rules, which governs the award of costs.

The Court of Appeal found no error of law in the primary judge's decision. It reasoned that the primary judge had correctly applied the principles governing costs in the Land and Environment Court, and that the presence of issues concerning legal capacity did not necessitate a departure from the usual rule that costs follow the event. The Court concluded that the primary judge's approach was consistent with the established practice of the Court.

Leave to appeal was granted, but the appeal itself was dismissed with costs awarded to the respondent, Cessnock City Council.