Residents Against Improper Development Incorporated v Chase Property Investments Pty Ltd (No 2)

Residents Against Improper Development Incorporated (the appellant) appealed to the Court of Appeal of New South Wales against orders made by the Land and Environment Court. The dispute concerned preliminary issues of law determined by the Land and Environment Court prior to a merits hearing in a Class 1 appeal. Chase Property Investments Pty Ltd was the respondent.

The primary legal issue before the Court of Appeal was whether the Land and Environment Court had made appropriate costs orders in relation to the determination of preliminary issues of law. Specifically, the Court considered the Council's application to set aside or vary certain costs orders made by the primary judge.

The Court of Appeal reasoned that the Land and Environment Court had correctly exercised its discretion in making the costs orders. The Court applied the general principle that costs follow the event, but also acknowledged that in the context of preliminary issues, the court has a broad discretion to make such orders as it considers just. The Court found no error in the primary judge's decision to order the Council to pay the respondent's costs in relation to the preliminary application.

The Court of Appeal dismissed the Council's application to set aside or vary the costs orders. The Court made no order as to the costs of the first appellant in relation to the application before the Court of Appeal.