The Council of the City of Shoalhaven v The Director General National Parks and Wildlife Service

The Council of the City of Shoalhaven (the Council) and the Director-General of the National Parks and Wildlife Service (the Director-General) were parties to an appeal before the New South Wales Court of Appeal concerning a dispute that originated in the Land and Environment Court.

The primary legal issue before the Court of Appeal was the appropriate allocation of costs for the appeal itself, given that the Director-General had filed a submitting appearance. The court was also required to consider the costs associated with the original proceedings in the Land and Environment Court.

The Court of Appeal, applying the principles of Supreme Court Rules 1970 (NSW) Part 52A rule 12, ordered that each party bear their own costs of the appeal. This approach was adopted in light of the Director-General's submitting appearance. The court further remitted the question of costs for the proceedings in the Land and Environment Court back to that court for determination.