Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23:
1. KIRK JA: I agree with Griffiths AJA.
2. FREE JA: I agree with Griffiths AJA.
3. GRIFFITHS AJA: The applicants (Mr and Mrs Sader) seek leave to appeal from orders made by the primary judge (Pritchard J). Her Honour declined to make an order for costs in relation to Class 4 proceedings in the Land and Environment Court (LEC), after the applicants' judicial review proceeding had been dismissed by consent.
4. Orders were made for a concurrent hearing of the application for leave to appeal and any subsequent appeal.
5. For the following reasons, leave to appeal should be refused, with costs.
Background matters
6. The appli...