Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30:

1. These reasons for decision should be read with, and use the same abbreviations as in, the decision that we made on 8 April 2025: Wells Group Pty Ltd v Betts [2025] NSWCATAP 70 (the appeal decision). In the appeal decision, we relevantly made the following order 4 (the appeal costs order) and order 5 comprising procedural orders for the lodgement and service by the parties of evidence and submissions including on the question of whether an oral hearing may be dispensed with if a party sought to vary the appeal costs order:

"(4) There is no order as to the costs of the appeal."

2. On 15 April 2025, Ms Betts lodged an Application for miscellaneous matters in which she seeks the following order (the Betts costs application):

"The Appellant pay the Respondent's costs of the Appeal.

(Or in the alternative) the Appellant pay three quarters of the Respondent's costs of the Appeal."

3. We have decided that the Betts costs application should be dismissed and Ms Betts should pay Wells Group's costs of the Betts costs application.

The history of the appeal

4. The history of the appeal up to 8 April 2025 is set out in the appeal decision at [30]-[36].

5. On 15 April 2025, Ms Betts lodged her submissions on the costs of the appeal as part of the Betts costs application (the Betts appeal costs submissions).

6. On 7 May 2025, Wells Group lodged its submissions on the costs of the appeal in response to the Betts appeal costs submissions (the Wells Group appeal costs submissions).

7. On 8 May 2025, Ms Betts lodged her submissions in reply to the Wells Group appeal costs submissions (the Betts costs submissions in reply).

The issues

8. The following issues arise for determination:

1) whether a hearing of the Betts costs application should be dispensed with;

2) whether the appeal costs order should be varied.

Whether a hearing of the Betts costs application should be dispensed with

9. Each of Ms Betts and Wells Group consents to an order dispensing with an oral hearing of the Betts costs application.

10. We are satisfied that that the issues for determination in relation to the Betts costs application can be adequately determined in the absence of the parties by considering their submissions. Accordingly, we have decided pursuant to s 50(2) of the NCAT Act to make an order dispensing with a hearing in relation to the Betts costs application.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197197871eccd0babbde59a7)

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