Gorczynski v Perera and Dee (No. 3)

[2003] NSWLEC 170

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Land and Environment Court

of New South Wales

CITATION:

Gorczynski v Perera & Dee & Ors (No. 3) [2003] NSWLEC 170

PARTIES:

APPLICANT
Peter Francis Gorczynski

FIRST RESPONDENTS
Ravini Neluka Perera and Rebecca Patrica Dee

SECOND RESPONDENT
Annandale Services Pty Limited trading as Ray White Real Estate Annandale

THIRD RESPONDENT
Leichhardt Council

FILE NUMBER(S):

40208 of 2001; 40120 of 2000; 40012 of 2000; 30079 of 2000

CORAM:

Cowdroy J

KEY ISSUES:

Costs :- award of costs - orders

LEGISLATION CITED:

CASES CITED:

DATES OF HEARING:

4/12/2002

EX TEMPORE
JUDGMENT DATE :

02/06/2003

LEGAL REPRESENTATIVES:

APPLICANT
Mr W. Chaffey (Solicitor)

SOLICITORS
Windeyer Dibbs

FIRST RESPONDENT and SECOND RESPONDENT
Ms E. Duenow (Solicitor)

SOLICITORS
Mallesons Stephen Jaques

THIRD RESPONDENT

SOLICITORS
Pike Pike & Fenwick

JUDGMENT:

IN THE LAND AND

ENVIRONMENT COURT

OF NEW SOUTH WALES

40208 of 2001, 40120 of 2000,
40012 of 2000, 30079 of 2000

Cowdroy J

6 February 2003

Peter Francis Gorczynski

Applicant
v

Ravini Neluka Perera and Rebecca Patrica Dee

First Respondents

Annandale Services Pty Limited trading as Ray White Real Estate Annandale

Second Respondent

Leichhardt Council

Third Respondent

Judgment No. 3

1 In the proceedings 40208 of 2001 the Court heard extensive argument and evidence from the parties concerning inter alia the validity of Leichhardt Council’s grant of two development consents. For the reasons set out in the written judgment the Court has determined that the consents are valid.

Accordingly the Court orders:-

1. The application be dismissed;
2. The applicant pay the costs including the reserved costs of each of the respondents;
3. The exhibits be returned.

I publish my reasons.

2 The question of costs had been reserved in proceedings 40120 of 2000, 40012 of 2000, 30079 of 2000 as the costs in proceedings 40208 of 2001 for which an order has already been made. The Court has reviewed the nature of the proceedings in each of those claims and for the reasons set out in the written judgment the Court makes the following orders.

3 In proceedings 40012 of 2000 the Court orders that:-

1. No order for costs be made as between the applicant and Leichhardt Council;
2. The first respondents, namely Ravini Niluka Perera and Rebecca Patricia Dee, pay the costs of the applicant including the costs incurred by the applicant regarding the reference.

4 In proceedings 30079 of 2000 the Court orders that there be no order as to costs.

5 In proceedings 40120 of 2000 the Court orders that:-

1. The applicant pay Leichhardt Council’s costs of these proceedings;
2. There be no order as to costs as between the applicant and Annandale Services Pty Limited.

The Court publishes its reasons in respect of the three costs matters referred to.