Nettheim v Minister Administering the Heritage Act

[1988] NSWLEC 137

Land and Environment Court

of New South Wales

CITATION:	Nettheim v Minister Administering the Heritage Act [1988] NSWLEC 137
PARTIES:	APPLICANT Netheim RESPONDENT Minister Administering the Heritage Act
FILE NUMBER(S):	40086/88 of 1988
CORAM:	Cripps J
KEY ISSUES:	:-
LEGISLATION CITED:
CASES CITED:
DATES OF HEARING:
DATE OF JUDGMENT:	09/21/1988
LEGAL REPRESENTATIVES:

JUDGMENT:

His Honour: In this case, I am of the opinion that the challenger applicant should have his costs of the proceedings and that these should be paid by the first respondent. It is true, as Mr. Hale submitted, that on certain issues as, for example, the allegation of a denial of natural justice and the allegation that certain factual matters ought be taken into account were resolved in favour of the respondents. It is also true, as Mr. Spigelman has submitted, that a number of factual issues were disputed in the course of the proceedings. It should also be remembered, however, that the Minister conceded that if these matters were required to be taken into account, he did not take them into account and he did not dispute the applicant's case in this regard other than to maintain that the decision was not vitiated by the fact that these matters were not taken into account. But the applicant was substantially successful in the litigation. The litigation was extended and made more expensive by reason of the Departme

nt's reluctance to, in the first instance, answer interrogatories and later, when certain documents were produced which had not been produced on discovery. In all the circumstances, I think that the appropriate order is for the Minister to pay the applicant's costs. Bevelon seeks no order for costs against the Minister and, accordingly, the order I make is as between the two respondents no order as to costs.