Western Districts Developments Pty Limited and Turnpike Lane Pty Limited v Baulkham Hills Shire Council (No 2)

Western Districts Developments Pty Limited and Turnpike Lane Pty Limited (the applicants) sought additional orders from the Land and Environment Court of New South Wales, following a primary judgment against Baulkham Hills Shire Council (the respondent). The dispute concerned the costs of proceedings that had occurred before Harrison AsJ and the eligibility for a certificate under the *Suitors' Fund Act 1951*.

The court was required to determine the appropriate orders for the costs of the proceedings before Harrison AsJ and whether the respondent was entitled to a certificate under the *Suitors' Fund Act 1951* in respect of both the proceedings before Harrison AsJ and an appeal to the Court of Appeal.

Campbell JA and Preston CJ ordered that the respondent pay the applicants' costs of the proceedings before Harrison AsJ. Furthermore, the court granted the respondent a certificate under the *Suitors' Fund Act 1951* in respect of both the appeal before the Court of Appeal and the appeal before Harrison AsJ, provided the respondent otherwise met the eligibility criteria stipulated by the Act.