Lend Lease GPT (Rouse Hill) Pty Ltd v Hills Shire Council (No 2)

Lend Lease GPT (Rouse Hill) Pty Ltd sought an injunction to prevent the Hills Shire Council from enforcing an order made in earlier proceedings that they cease development activities on a site at Rouse Hill. The dispute came before the Supreme Court of New South Wales. The primary issue before the court was whether the council was entitled to an order for the applicant to pay its costs of the earlier proceedings, and if so, how much that order should be. A secondary issue was whether the council was entitled to an order for the applicant to pay its costs of the current proceedings.

The court found that the council was entitled to an order for the applicant to pay its costs of the earlier proceedings, as the council had been the successful party in those proceedings. However, the court found that the amount of the order should be reduced, as the council had not provided sufficient evidence to support the full amount of costs claimed. The court also found that the council was not entitled to an order for the applicant to pay its costs of the current proceedings, as the applicant had not acted vexatiously or oppressively. The court noted that the applicant had a reasonable prospect of success in the current proceedings, and that the council's application for costs was an attempt to stifle that prospect.