Ralph Lauren v Byron Shire Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

31/08/2011

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Sea level rise

REVIEW TYPE

other

SUMMARY

This matter initially concerned costs proceeding from a previous matter. However, during the costs proceeding, an application to reopen the primary matter, and make further arguments on both the substantive aspects of the case, and costs, was lodged. The Court identified the principle(s) engaged by a request to reopen a matter, namely that the interests of justice are paramount. After considering the facts, the Court found that there was 'no basis upon which it should exercise its discretion to reopen the costs matter, and the interests of justice are best served by refusing to reopen the matter'. The applicant's application had not merit, and was dismissed.

CASE DOCUMENTS

Ralph Lauren v Byron Shire Council [2012] NSWLEC 274 (20 December 2012)