The Owners-Strata Plan 6636 v Bickley

Land and Environment Court

New South Wales

Medium Neutral Citation:	The Owners-Strata Plan 6636 v Bickley [2015] NSWLEC 113
Hearing dates:	10 July 2015
Date of orders:	13 July 2015
Decision date:	13 July 2015
Jurisdiction:	Class 2
Before:	Pepper J
Decision:	Respondent to pay the applicant’s costs of proceedings as agreed or assessed, including the costs of the notice of motion.
Catchwords:	COSTS: whether fair and reasonable that the respondent pay the applicant’s costs – whether respondent engaged in unreasonable conduct during the proceedings – whether costs should be awarded in a fix sum or as agreed or assessed .
Legislation Cited:	Civil Procedure Act 2005, s 98(4) Land and Environment Court Rules 2007, rr 3.7 Trees (Disputes Between Neighbours) Act 2006
Cases Cited:	Agonic Holdings Pty Ltd v Lithgow City Council [2009] NSWLEC 34 Arden Anglican School v Hornsby Shire Council [2008] NSWLEC 103; (2008) 158 LGERA 224 Barich v Parramatta City Council [2015] NSWLEC 98 Broken Hill City Council v Tumanic [2012] NSWLEC 162 Community Association DP270253 v Woollahra Municipal Council [2015] NSWCA 80; (2015) 207 LGERA 268 Harrison v Schipp [2002] NSWCA 213; (2002) 54 NSWLR 738 Port Stephens v Sansom [2007] NSWCA 299; (2007) 156 LGERA 125 Puruse Pty Ltd v Council of the City of Sydney [2009] NSWLEC 163; (2009) 169 LGERA 85 St Marys Land Limited v Valuer-General of New South Wales [2011] NSWLEC 2 Thaina Town (On Goulburn) Pty Ltd v City of Sydney Council [2007] NSWCA 300; (2007) 156 LGERA 150 The Owners-Strata Plan No 6636 v Bickley [2015] NSWLEC 1109 Tou v Maskiney [2010] NSWLEC 105 Woollahra Municipal Council v Tilley [2010 NSWLEC 75
Category:	Costs
Parties:	The Owners-Strata Plan 6636 (Applicant) Leslie Bickley (Respondent)
Representation:	Counsel: Mr C Prestipino, solicitor (Applicant) N/A (Respondent)   Solicitors: Jane Crittenden Lawyers (Applicant) N/A (Respondent)
File Number(s):	20031 of 2015

EX TEMPORE Judgment

The Successful Applicant in a Tree Dispute Seeks Its Costs

1. By notice of motion filed on 8 May 2015, the applicant in Class 2 proceedings under the Trees (Disputes Between Neighbours) Act 2006, The Owners-Strata Plan 6636, seeks its costs of the proceedings before the Commissioner from the respondent, Mr Leslie Bickley.

2. In all proceedings in Class 2 of the Court’s jurisdiction, the Court is not to make an order for the payment of costs unless the Court considers the making of an order as to the whole or any part of the costs are fair and reasonable in the circumstances (r 3.7(2) of the Land and Environment Court Rules 2007, “the LEC Rules”).

3. Circumstances in which the Court might consider the making of a costs order to be fair and reasonable include those contained in r 3.7(3) of the LEC Rules:

(3)   Circumstances in which the Court might consider the making of a costs order to be fair and reasonable include (without limitation) the following:

(a)   that the proceedings involve, as a central issue, a question of law, a question of fact…