Reported Decision: 122 LGERA 216
Land and Environment Court
of New South Wales
CITATION: Maule v Liporoni & Anor [No. 2] [2002] NSWLEC 140 PARTIES: APPLICANT:
Susan Jane MauleFIRST RESPONDENT:
SECOND RESPONDENT:
Marco Liporoni
Gosford City CouncilFILE NUMBER(S): 40018 of 2001 CORAM: Lloyd J KEY ISSUES: Costs :- public interest litigation - indemnity costs LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 5A, s 28, s 69(1)(a), s 78A(8)(b) and s 101, 123
Rivers and Foreshores Improvement Act 1948CASES CITED: Amacon Pty Ltd v The Council of the Municipality of Concord, NSWLEC, Hemmings J, 2 December 1987, unreported;
Botany Municipal Council v Secretary, Department of the Arts, Sport, the Environment, Tourism and Territories (1992) 34 FCR 412; 76 LGERA 213;
Carver & Anor v Bankstown City Council [1999] NSWLEC 130;
Darlinghurst Residents' Association v Elarosa Investments Pty Ltd & Anor [No 3] (1992) 75 LGRA 214;
Degmam Pty Ltd (in liq) v Wright (No. 2) (1983) 2 NSWLR 354;
Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd & Ors (1988) 81 ALR 397;
Latoudis v Casey (1990) 170 CLR 534;
Liverpool City Council v Roads and Traffic Authority and Interlink Roads Pty Ltd [No 2] 75 LGRA 210;
Liverpool City Council v Roads and Traffic Authority and Interlink Roads Pty Ltd (1991) 74 LGRA 265;
Maule v Liporoni [2001] NSWLEC 141;
Morris v Gosford City Council & Anor, NSWLEC, Bignold J, 29 November 1996, unreported;
Oshlack v Richmond River Council (1998) 193 CLR 72;
R v Hickman & Anor; Ex parte Fox & Anor (1945) 70 CLR 598;
Rosniak v Government Insurance Office (1997) 41 NSWLR 608;
Rundle v Tweed Shire Council; Attorney-General of New South Wales Intervening (1989) 68 LGRA 308 ;
Rundle v Tweed Shire Council [No 2] (1989) 69 LGRA 21;
Waverly Council v Refkin Pty Ltd [2000] NSWLEC 124;
Woolworths Limited & Anor v Bathurst City Council & Anor (1987) 63 LGRA 55;
Wyong Shire Council v Darcy Peter Smith & Anor [1992] NSWLEC 134DATES OF HEARING: 20/06/2002 DATE OF JUDGMENT:
08/12/2002LEGAL REPRESENTATIVES:
APPLICANT:
Mr J R Dupree (barrister)
SOLICITORS:
L C Muriniti & AssociatesFIRST RESPONDENT:
SECOND RESPONDENT:
Mr C M Harris (barrister)
SOLICITORS:
Tesoriero Henderson Cotter
Mr P C Tomasetti (barrister)
SOLICITORS:
P J Donnellan & Co
JUDGMENT:
17
IN THE LAND AND Matter No.: 40018 of 2001
ENVIRONMENT COURT Coram: Lloyd J
OF NEW SOUTH WALES Decision date: 12 August 2002
SUSAN JANE MAULE
Applicant
v
MARCO LIPORONI
First Respondent
GOSFORD CITY COUNCIL
Second Respondent
REASONS FOR JUDGMENT [No. 2]
1. On 19 March 2002, following an eight day hearing, I dismissed the applicant’s claim that sought declarations and orders relating to the validity of a development consent granted to the first respondent (Mr M Liporoni) by the second respondent (Gosford City Council): see Maule v Liporoni & Anor [2002] NSWLEC 25. In dismissing the applicant’s claim I reserved the question…
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- AGLC
- Maule v Liporoni (No 2) [2002] NSWLEC 140
- Case
- [2002] NSWLEC 140
- Decision Date
CaseChat Overview and Summary
The court considered the nature of the proceedings, concluding that they could not be characterised as public interest litigation. It emphasised that the successful party in litigation is generally entitled to an award of costs, barring any conduct that disentitles them from the benefit of the discretion. The court found that the applicant's numerous allegations lacked merit and evidence, and were made without regard to whether there was any evidence in support thereof. The applicant persisted with allegations that were clearly excluded from consideration by relevant legislation and despite being informed of the implications beforehand. The applicant's allegation of mala fides was made without any basis or evidence to support it, amounting to an abuse of process.
The court ordered the applicant to pay the respondents' costs of or incidental to the proceedings on an indemnity basis, including reserved costs and the costs of the motions for costs. It held that the applicant's conduct in multiplying allegations without foundation grossly prolonged the litigation, causing the respondents to incur liability for costs far beyond what they could reasonably have expected to incur in litigation of genuine issues.
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