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Reported Decision: 126 LGERA 401
Land and Environment Court
of New South Wales
CITATION: D'Arcy & Anor v Campbelltown City Council [2003] NSWLEC 164 PARTIES: APPLICANTS
RESPONDENTS
Vy Ly D'Arcy and Talent Ly D'Arcy
Campbelltown City CouncilFILE NUMBER(S): 10897 of 2002 CORAM: Pain J KEY ISSUES: Costs :- whether costs should be awarded - whether non legally qualified agent's costs can be recovered - whether Applicants entitled to out of pocket expenses
Practice and Procedure :- council issued order under s 121B of the Environmental Planning and Assessment Act 1979 - applicants appealed against order - council revoked order after proceedings commenced - whether proceedings should be summarily dismissed - whether the applicants could raise the issue of whether compensation is payable under s 121ZL of the Environmental Planning and Assessment Act 1979 at a merits hearingLEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121B, s121ZL
Land and Environment Court Act 1979 s 19(g), s 63, s 69
Legal Profession Act 1987 s 48B, Pt 11 Div 6
Local Government Act 1993 s 181
Practice Direction 1993 par 10
Supreme Court Rules 1970 Pt 13 r 5(1)(a)CASES CITED: Altomonte v Hunters Hill Council (2002) 120 LGERA 286;
Gardiner v Hornsby Shire Council [2000] NSWLEC 37;
Harvey v Burwood Municipal Council (Bignold J, NSWLEC, 7 May 1993, unreported);
Kekatos v The Council of the Law Society of New South Wales [1999] NSWCA 288;
Kogarah Council v McNicol [2001] NSWLEC 11;
Megna v Drummoyne Municipal Council (Bignold J, NSWLEC, 26 May 1988, unreported) ;
Misra v Campbelltown City Council [No 2] [Costs] (2002) 120 LGERA 115DATES OF HEARING: 19/05/2003 EX TEMPORE
JUDGMENT DATE :
05/19/2003LEGAL REPRESENTATIVES: RESPONDENT
APPLICANTS
Mr R Bournes (agent)
SOLICITORS
NA
Mr A Seton (solicitor)
SOLICITORS
Marsdens Law Group
JUDGMENT:
IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
10897 of 2002
19 May 2003Pain J
- Applicants
- Respondent
1. This is a class 1 appeal commenced by the Applicants in relation to an order dated 6 November 2002 (the Order), which was issued by the Respondent, Campbelltown City Council (the Council), under s 121B of the Environmental Planning and Assessment Act 1979 (the EP&A Act). The Council formally revoked the Order on 26 February 2003. The matter before the Court is a Notice of Motion dated 1 April 2003 filed by the Council, seeking an order that the Applicants’ appeal be summarily dismissed. The Applicant also seeks costs. I note that the Council was represented by its solicitor, Mr Seton, and the Applicants by their agent, Mr Bournes.
2. Part 13 r 5(1)(a) of the Supreme Court Rules 1970 which applies in this Court, is relevant if there is no reasonable cause of action disclosed, and is in the following terms:
- Where in any proceedings it appears to the Court that in relation to the proceedings generally or in relation to any claim…
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- Case
- [2003] NSWLEC 164
- Decision Date
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