2024/00253975
| Date | Party | Submission |
|---|---|---|
| 8/7/2024 | Applicant | Summons Seeking Leave to Appeal (PDF, 2.3 MB) |
| 6/5/2026 | Applicant | Submissions (PDF, 1.5 MB) |
| 27/5/2026 | Applicant | Reply (PDF, 1.1 MB) |
| 5/6/2026 | Respondent | Submissions (PDF, 275.4 KB) |
COSTS – in 2011, the appellant, a statutory corporation, commenced planning for the construction of the Sydney Light Rail – the respondents brought representative proceedings in the Supreme Court on behalf of proprietors said to be affected by the subsequent construction works – the claim was in both private and public nuisance – the primary judge dismissed the public nuisance claim but found the appellant liable for private nuisance – the appellant appealed against that decision on the basis that the respondents had not suffered an interference which was both substantial and unreasonable – on 18 September 2024, the Court of Appeal allowed the appeal and dismissed a cross-appeal by the respondents – the respondents appealed to the High Court – the High Court delivered judgment on 17 December 2025, ordering that the appeal and cross-appeal be dismissed with costs – on 24 December 2025, the appellants in the High Court brought an application to recall the High Court’s orders and for amended orders to be made with the effect that the aspect of the cross-appeal regarding the trial judge's costs orders would be remitted for determination by the Court of Appeal – the High Court unanimously allowed the application and remitted the matter to the Court of Appeal for determination of the aspect of the cross-appeal dealing with the costs of the proceedings at first instance.
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