Australia, July 23 -- New South Wales Land and Environment Court issued text of the following judgement on June 23:

1. By its judgment delivered on 10 June 2025 in these proceedings, the Court dismissed a notice of motion dated 10 April 2025 and filed by the plaintiff (Mr Tutoveanu) (Tutoveanu v Velez (No 2) [2025] NSWSC 594). The notice of motion sought orders including that the Court set aside its original judgment in these proceedings (which also included a gross sum costs order against Mr Tutoveanu): Tutoveanu v Velez [2025] NSWSC 359. These reasons should be read, and assume familiarity with, the Court's two earlier judgments.

2. Upon dismissing the notice of motion, the Court made directions for the exchange of submissions if the first defendant (Mr Velez) and the second defendant (The Greens NSW) wished to seek their costs of the notice of motion. The Court also directed that the question of costs of the notice of motion would be dealt with on the papers.

3. The defendants' solicitors provided their clients' submissions as to costs in accordance with the Court's directions on 13 June 2025. Those submissions attached the relevant invoices from both the solicitors and counsel.

4. On 20 June 2025 (the day on which his cost submissions were due), Mr Tutoveanu emailed my Associate saying: "The plaintiff does not provide submissions on the defendants costs".

5. The defendants seek an order for their costs of the notice of motion, assessed in the gross sum of $2,475. That figure compromises solicitor's costs of $1,650 and counsel's fees of $825. All amounts in this judgment are GST inclusive.

6. While the Court ultimately did not require written submissions on the notice of motion from the defendants, the Court accepts that it was appropriate and reasonable for the defendants to retain solicitors and counsel in relation to the notice of motion, to provide preliminary advice and to brief counsel to appear at the first return date of the notice of motion.

7. The notice of motion was dismissed. There is no reason why the usual order should not apply such that costs should follow the event. Mr Tutoveanu will be ordered to pay the defendants' costs of the notice of motion.

8. The Court is also satisfied that this is an appropriate case for costs to be assessed in a gross sum for these reasons:

1) The proceedings are at an end;

2) The amount involved is small;

3) The Court is well able from the invoices provided to assess the reasonableness of the fees charged; and

4) Mr Tutoveanu has demonstrated a reluctance to accept litigious outcomes that are adverse to his interests. Any further debate (whether by correspondence or assessment) about the amount of costs to which the defendants may be entitled would be completely disproportionate to the amounts involved and will be avoided by the making of a gross sum costs order.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1979a7083eea743c7b1e48bd)

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