Ref: Practice Direction 1993 (effective 1 November 1993) - paragraph 10

(Practice Direction 1993 (effective 1 November 1993) was amended on 19 December 2005 to reflect the current practice with regards to costs in certain matters in Classes 1, 2 & 3. Previously, Practice Direction No. 24 took effect with the publishing of the ‘Land and Environment Court Rules (Amendment No 8) 2003’ that inserted into Pt 16 a new Div 2 (costs in proceedings in classes 1,2 and 3 of the Court’s jurisdiction). Prior to this, the Court's practice for ' Costs' was contained in Practice Direction 1993 (effective 1 November 1993) that was amended by Practice Direction 1998 (effective 1 February 1998).

The Court’s 1993 Practice Direction issued on 11 September 1993 as amended from time to time is further amended by deleting paragraph 10 and by inserting instead the following new paragraph:

10. Costs in certain proceedings in Classes 1, 2 and 3

Part 16 Rule 4 of the Rules of Court applying to designated proceedings provides that no order for costs will be made in such proceedings unless the Court considers that the making of a costs order is in the circumstances of the particular case, fair and reasonable.

Where in any such proceedings that have been determined by a Commissioner, a party seeks an order for costs pursuant to Part 16 Rule 4, the application should be made by notice of motion filed within 14 days of delivery of judgment. The Motion will be determined by a Judge, unless otherwise determined by the Registrar pursuant to Part 3 Rule 4(1) of the Rules of Court.

As from today where proceedings are directed to be heard and determined by a Commissioner or Commissioners, that direction shall operate so as to exclude from consideration any question of costs in the proceedings.

Any action that already has been commenced in accordance with the previous arrangements replaced by this amendment may be completed in accordance with those arrangements.

Nothing in the foregoing provisions of this paragraph shall be taken as limiting or restricting the exercise by a Commissioner of the power vested in the Court to impose, where appropriate, as a term or condition of the grant of leave pursuant to Part 13 Rule 16(b1) (allowing an applicant to rely upon amended development plans) that that applicant pay the additional expenses that are reasonably incurred by the respondent in consequence of the grant of that leave and in particular in consequence of the need for the respondent to consider and evaluate the amended plans. (“Expenses” do not include legal costs, including costs thrown away by the amendment).