Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement:

1. The Respondent Hornsby Shire Council (Council) issued a Stop Work Order under the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) on 4 December 2020 to the Applicant Mr Hayward in relation to residential premises in Arcadia (the order). Mr Hayward commenced judicial review proceedings challenging the order on 14 June 2024. The judicial review proceedings were dismissed on 16 April 2025 in Hayward v Hornsby Shire Council (No 2) [2025] NSWLEC 37 (Hayward No 2). Costs were reserved. Mr Hayward's notice of motion seeking leave to file the judicial review proceedings after the statutory timeframe of three months in r 59.10 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) had expired was also considered and an order was made that the judicial review proceedings could be commenced out of time. The Council now seeks its costs of the proceedings and for the notice of motion on the basis it is the successful party. The making of a costs order is opposed by Mr Hayward who seeks an order that each party pay its own costs. At the hearing of the notice of motion to extend time and the substantive judicial review proceedings Mr Hayward was represented by his nominated agent Ms DeMarco his wife. Ms DeMarco also appeared as agent for Mr Hayward at the costs hearing.

2. Section 98 of the Civil Procedure Act 2005 (NSW) (CP Act) states in relation to costs that:

98 Courts powers as to costs

(1) Subject to rules of court and to this or any other Act-

(a) costs are in the discretion of the court, and

(b) the court has full power to determine by whom, to whom and to what extent costs are to be paid, and

(c) the court may order that costs are to be awarded on the ordinary basis or on an indemnity basis.

(2) Subject to rules of court and to this or any other Act, a party to proceedings may not recover costs from any other party otherwise than pursuant to an order of the court.

...

3. The applicable rule for costs in Class 4 matters as specified in Sch 1 of the UCPR is r 42.1, whereby the general rule is that if the Court is to make an order for costs, costs should follow the event.

4. Section 42.7 of the UCPR provides:

42.7 Interlocutory applications and reserved costs

(1) Unless the court orders otherwise, the costs of any application or other step in any proceedings, including-

(a) costs that are reserved, and

(b) costs in respect of any such application or step in respect of which no order as to costs is made,

are to be paid and otherwise dealt with in the same way as the general costs of the proceedings.

(2) Unless the court orders otherwise, costs referred to in subrule (1) do not become payable until the conclusion of the proceedings.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1973dcaeb223e8b034520187)

Disclaimer: Curated by HT Syndication.