Inglis v Buckley (No 2)

Case [2023] NSWLEC 113


Land and Environment Court


New South Wales

Medium Neutral Citation: Inglis v Buckley (No 2) [2023] NSWLEC 113
Hearing dates: Written submissions filed 11, 25 August, 1, 8 September 2023
Date of orders: 25 October 2023
Decision date: 25 October 2023
Jurisdiction:Class 4
Before: Pain J
Decision:

The Court orders that:

(1)    The Council Second Respondent is to pay the Applicant’s costs of the substantive proceeding as agreed or assessed.

(2)    The Council Second Respondent is to pay the Applicant’s costs of the costs proceeding as agreed or assessed.

Catchwords:

COSTS — party/party — successful applicant should receive all costs – respondent who filed submitting appearance not liable for costs – respondent council liable for applicant’s costs

Legislation Cited:

Civil Procedure Act2005 (NSW), ss 56, 98

Environmental Planning and Assessment Regulation 2021 (NSW), reg 88

Tumut Local Environmental Plan 2012 (NSW), cl 4.2C

Uniform Civil Procedure Rules 2005 (NSW), rr 1.5, 6.11, 42.1, 59.9, Sch 1

Cases Cited:

Brown v Randwick City Council (No 2) [2012] NSWLEC 28

Centro Properties Limited v Hurstville City Council & Anor [2004] NSWLEC 718

Cutcliffe v Lithgow City Council (2006) 147 LGERA 330; [2006] NSWLEC 463

Develtor Property Group Pty Ltd v Newcastle City Council [2001] NSWLEC 47

F & D Bonaccorso Pty Ltd v City of Canada Bay Council (No 3) [2007] NSWLEC 569

Friends of Turramurra Inc v Minister for Planning (No 2) [2011] NSWLEC 170

Hastings Point Progress Association Inc v Tweed Shire Council (No 3) (2010) 172 LGERA 157; [2010] NSWCA 39

Highland v Labraga (No 3) [2006] NSWSC 871

House v King (1936) 55 CLR 499; [1936] HCA 40

Inglis v Buckley [2023] NSWLEC 77

Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59

Lee Environmental Planning Pty Ltd v Reulie Land Co Pty Ltd [2020] NSWCA 254

Lou v IAG Ltd t/as NRMA Insurance (2019) 101 NSWLR 606; [2019] NSWCA 319

McCallum v Sandercock (No 2) [2011] NSWLEC 203

Midson v Workers Compensation Commission (No 2) [2017] NSWSC 147

Murlan Consulting Pty Ltd v Ku-ring-gai Municipal Council (2009) 170 LGERA 162; [2009] NSWCA 300

Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11

Our Town FM Pty Ltd v Australian Broadcasting Tribunal (No 3) (1987) 77 ALR 609

Platford v van Veenendaal and Shoalhaven City Council (No 2) [2018] NSWLEC 86

R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13; [1980] HCA 13

Reulie Land Co Pty Limited v Lee Environmental Planning Pty Limited and Ors (No 2) [2020] NSWLEC 49

Rossi v Living Choice Australia Ltd [2015] NSWCA 244

Seller v Jones [2014] NSWCA 19

Sidney Harrison Pty Ltd v Corporation of the City of Tea Tree Gully (2001) 112 LGERA 327; [2001] SASC 34

Category:Costs
Parties: Michael Inglis (Applicant)
Lindsay Buckley (First Respondent)
Snowy Valleys Council (Second Respondent)
Representation:

Counsel:
F. Berglund (Applicant)
J. Reid (First Respondent)
Not applicable (Second Respondent)

Solicitors:
Commins Hendriks Pty Ltd (Applicant)
Kell…

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Details
AGLC
Inglis v Buckley (No 2) [2023] NSWLEC 113
Case
[2023] NSWLEC 113
Decision Date

CaseChat Overview and Summary

The case of Inglis v Buckley (No 2) involved a dispute between the applicant and the Council, with the second respondent also being a party. The primary nature of the dispute was related to the costs associated with a substantive proceeding and a subsequent costs proceeding. The matter was heard in the Supreme Court of New South Wales.

The court had to determine the legal issues surrounding the costs incurred by the applicant in both the substantive proceeding and the costs proceeding. This included whether the applicant was entitled to recover these costs from the Council, the second respondent, and if so, the amount to be awarded. The court's analysis required consideration of the relevant legislation and case law pertaining to costs in legal proceedings, particularly focusing on the circumstances that justify the award of costs to a prevailing party.

In its judgment, the court found that the applicant was entitled to recover the costs of both the substantive proceeding and the costs proceeding from the Council. The court reasoned that the applicant, as the prevailing party, was entitled to such costs under the applicable legal principles. The court detailed the basis for its decision, taking into account the nature of the proceedings and the outcomes achieved by the applicant. Consequently, the court ordered that the Council, as the second respondent, was to pay the applicant's costs of both the substantive proceeding and the costs proceeding, as agreed or assessed.

Orders

Orders of the court

The Court orders that:

(1) The Council Second Respondent is to pay the Applicant’s costs of the substantive proceeding as agreed or assessed.

(2) The Council Second Respondent is to pay the Applicant’s costs of the costs proceeding as agreed or assessed.

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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