Gorczynski v Leichhardt Municipal Council and Ors No. 2 [Costs]

[2002] NSWLEC 73

Land and Environment Court

of New South Wales

CITATION:

Gorczynski v Leichhardt Municipal Council & Ors No. 2 [Costs] [2002] NSWLEC 73

PARTIES:

APPLICANT
Peter Francis Gorczynski

RESPONDENT
Leichhardt Municipal Council & Ors

FILE NUMBER(S):

40012 of 2000

CORAM:

Cowdroy J

KEY ISSUES:

Costs :- Interlocutory proceedings

LEGISLATION CITED:

CASES CITED:

DATES OF HEARING:

04/03/2002

EX TEMPORE
JUDGMENT DATE :

03/04/2002

LEGAL REPRESENTATIVES:

APPLICANT
Mr D. Miller (Barrister)

SOLICITORS
N/A

RESPONDENT
Ms H. Irish (Barrister)

SOLICITORS
Pike Pike & Fenwick

JUDGMENT:

IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES MATTER No. 40012 of 2000
CORAM: Cowdroy J
DECISION DATE: 04/03/02

Peter Francis Gorczynski

v

Leichhardt Municipal Council & Ors

JUDGMENT

1. The parties request the Court to make the orders by consent as contained in proposed short minutes. An application for costs made by the respondents is opposed. Instead the applicant seeks an order that all costs be reserved.

2. Since the Court is faced with conflicting versions of past events, it concludes that it is impossible to determine the application for costs at this stage of the proceedings. However, the transcript of this morning’s hearing will be ordered. It will be useful when costs are argued in the proceedings, particularly in relation to the respondents’ claim that the applicant failed to provide the second further amended application by the due date. Such failure will need to be explained, otherwise it would appear that the respondents may be entitled to indemnity costs to compensate them for the costs thrown away in respect of their appearance on 25 February 2002.

3. The Court therefore makes in accordance with the short minutes of order, orders 1, 2, 3, 4, 5, 6, 8 and 9, and reserves all questions of costs. I will strike out the handwritten notation. The orders made are initialled by me and dated today.

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