Australia, May 27 -- New South Wales Land and Environment Court issued text of the following judgement on April 28:
1. The defendants seek a stay of the operation of orders for costs made in favour of the plaintiffs.
2. Neither the plaintiffs' costs nor the assessment of costs pursuant to an order in the defendants' favour against the plaintiffs have been finalised. Both sides' costs assessments are under challenge by the other.
3. Both sides are well-resourced and sophisticated.
4. On 12 September 2024, before the decision of the High Court of Australia in Birketu Pty Ltd v Atanaskovic (2025) 99 ALJR 321 had been given (which resolved the issue whether the plaintiffs could recover the costs of work done by their employed solicitors), I...