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

CAMPBELL JA AND PRESTON CJ OF LEC : After judgment was delivered, the parties applied in writing to the Court for two additional orders to be made. First, the applicants sought an order that the respondent pay the applicants’ costs of the appeal before Harrison AsJ. In light of this Court’s judgment, the respondent does not oppose this order. Secondly, the respondent seeks an order that it be granted a certificate under the Suitors’ Fund Act 1951 in respect of the appeal in the Court of Appeal and the appeal before Harrison AsJ if otherwise eligible. The applicants do not oppose this order.

The parties have consented in writing to their applications for these additional orders being heard and determined, pursuant to s 45AA(1) of the Supreme Court Act 1970, by two of the three Judges of Appeal who constituted the Court of Appeal for these proceedings. The parties consent to the applications being dealt with in chambers on the papers.

We consider both of these additional orders are appropriate to be made in the circumstances. Accordingly, the Court orders: 1. The respondent pay the applicants’ costs of the proceedings before Harrison AsJ. 2. The respondent is to have a certificate under the Suitors’ Fund Act 1951 in respect of the appeal before the Court of Appeal and the appeal before Harrison AsJ, if otherwise eligible.