UTSG Pty Ltd v Sydney Metro (No 2)

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	UTSG Pty Ltd v Sydney Metro (No 2) [2018] NSWLEC 199
Hearing dates:	On the papers - written submissions 7 September 2018 (Respondent), 28 September 2018 (Applicant) and written submissions in reply 12 October 2018 (Respondent)
Date of orders:	14 December 2018
Decision date:	14 December 2018
Jurisdiction:	Class 3
Before:	Moore J
Decision:	(1)   UTSG Pty Ltd (the Company) is to pay the costs of Sydney Metro (the Respondent) of the Notice to Produce filed on 17 May 2018 and the attendances before the Court on 22 June 2018, 2, 3 and 23 July 2018 and the Respondent's costs for preparation of the attendance on 26 July 2018; (2)   The Company is to pay 75% of the costs of the Respondent of the hearing of 26 July 2018; and (3)   The costs ordered to be paid by the Company to the Respondent as a consequence of (1) and (2) are to be the Respondent's costs in the cause.
Catchwords:	COSTS - interlocutory processes - failure to respond to Notice to Produce - necessity for subsequent interlocutory attendances - reasons for failure to produce - reasons given did not excuse failure to produce - extent to which costs orders appropriate to depart from ordinary position that a party dispossessed of an interest in land would not face costs order - appropriate for a costs order to be made against applicant for Notice to Produce and consequent unnecessary interlocutory attendances - costs orders appropriate COSTS - consideration of one interlocutory attendance - extent to which an issue concerning the terms of a confidentiality agreement weighs in costs for a specific interlocutory attendance - not appropriate for full costs to be awarded for that attendance - 75% of costs awarded COSTS - timing of payment of costs - not appropriate to order immediate payment - appropriate order to make the awarded costs the Respondent’s costs in the cause
Legislation Cited:	Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Act 1979, s 34 Civil Procedure Act 2005, s 98
Cases Cited:	Monti v Roads and Maritime Services [2018] NSWLEC 34
Category:	Costs
Parties:	UTSG Pty Ltd (Applicant) Sydney Metro (Respondent)
Representation:	Counsel: Ms A Pearman, barrister (Applicant) Mr N Eastman, barrister (Respondent)   Solicitors: Mills Oakley (Applicant) Ashurst Australia (Respondent)
File Number(s):	249637 of 2017
Publication restriction:	No

TABLE OF CONTENTS

Introduction

The evidence

Events providing background to this costs determination

The scope of this costs determination

The Company’s legal representation

The pre-trial attendances covered

The Company's position on costs

Reliance on Ms Singh’s affidavits

Other explanations

The Respondent’s position on costs

Consideration

Introduction

The sole practitioner issue

Other issues

The hearing on 26 July 2018

Crystallisation of the costs’ obligation

Orders

Judgment

Introduction

1. On 13 January 2017, a building in Park Street in Sydney's CBD was compulsorily acquired for the purposes of construction of a station for the new Sydney Metro line. UTSG Pty Ltd (the Company) was…