Chi v Minister Administering the Housing Act 2001 [2026] NSWLEC 60
Before: Pritchard J · NSW Land and Environment Court
Summary
PRACTICE AND PROCEDURE – Class 4 judicial review proceedings challenging proposed activity for social housing – applications for order that in the event that applicant unsuccessful in the proceedings, the Court not make an order for costs against the applicant – whether proceedings are brought in th
Catchwords
PRACTICE AND PROCEDURE – Class 4 judicial review proceedings challenging proposed activity for social housing – applications for order that in the event that applicant unsuccessful in the proceedings, the Court not make an order for costs against the applicant – whether proceedings are brought in the public interest – whether there is “something more” than the mere characterisation of the proceedings as being brought in the public interest – whether there are countervailing circumstances weighing against a departure from the ordinary costs rule in Class 4 proceedings – whether the applicant has a private interest in the proceedings – whether the claim appears arguable – notices of motion dismissed
Outcome
The Court makes the following orders: (1) The applicant’s notice of motion filed 30 September 2025 is dismissed. (2) The applicant’s notice of motion filed 21 March 2026 is dismissed insofar as orders 7 and 10 seek the making of a protective costs order.
Legislation cited
Land and Environment Court Rules 2007 r 4.2(1) Uniform Civil Procedure Rules 2005 r 42.4 Civil Procedure Act 2005 ss 56–60, 98(1), (3) and (4) Environmental Planning and Assessment Act 1979 (NSW) s 5.5(1)
Read the full judgment
Authoritative text on NSW Caselaw · ~77k words
Related decisions
Pivotal Planning Pty Ltd v Wingecarribee Shire Council [2026] NSWLEC 1614
Wingecarribee Shire Council · 31 August 2026
Prosker Pty Ltd v Mosman Municipal Council [2026] NSWLEC 1648
Mosman Municipal Council · 30 September 2026
Bavaro v City of Canada Bay Council [2026] NSWLEC 1725
City of Canada Bay Council · 30 October 2026
Allera Planning Pty Ltd v Blacktown City Council [2026] NSWLEC 1723
Blacktown City Council · 30 October 2026
Jubilee St Pty Ltd v Maitland City Council [2026] NSWLEC 1726
Maitland City Council · 30 October 2026
Henry Fraser Pty Ltd v Northern Beaches Council [2026] NSWLEC 1382
Northern Beaches Council · 30 June 2026