Land and Environment Court
of New South Wales
CITATION: Great Lakes Council v Wilkes [2010] NSWLEC 117 PARTIES: APPLICANT
Great Lakes CouncilFIRST RESPONDENT
SECOND RESPONDENT
Eric Noel Wilkes
Monica Kay WilkesFILE NUMBER(S): 40264 of 2008 CORAM: Sheahan J KEY ISSUES: COSTS :- discontinuation of class 4 proceedings after granting of development consent, dispute as to liability for costs, principles to apply, reasonableness of conduct of the parties, offers to settle costs question, costs of costs hearing LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: Australian Securities Commission v Aust-Home Investments Limited and Others (1993) 44 FCR 194
Beilby v Viney Pty Ltd (2000) 113 LGERA 450
Kiama Council v Grant (2006) 143 LGERA 441
Monaghan v Holroyd City Council; Holroyd City Council v Monaghan [2009] NSWLEC 112; (2009) 167 LGERA 321
Sydney City Council v Doltone House Wharf Pty Ltd & Ors [2006] NSWLEC 81
One.Tel Ltd and Others v Commissioner of Taxation [2000] FCA 270; (2000) 101 FCR 548
Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622
J T Stratford & Son Ltd v Lindley & Ors (No.2) [1969] 1 WLR 1547; [1969] 3 All ER 1122DATES OF HEARING: 23 November 2009
DATE OF JUDGMENT:
9 July 2010LEGAL REPRESENTATIVES: APPLICANT
Mr T Howard
SOLICITORS
Mallik Rees LawyersRESPONDENTS
Mr P McEwen, SC
SOLICITORS
Peter Evans & Associates
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESSheahan J
9 July 2010
40264 of 2008 GREAT LAKES COUNCIL v E N & M K WILKES
JUDGMENT
Introduction
1 His Honour: The applicant seeks the court’s leave to discontinue these class 4 proceedings concerning a sawmill, so the only live issue remaining for determination is costs – each side now seeks an order in its favour, and, in the alternative, the respondents submit that each party should pay its own costs. Mrs Wilkes has played no real role in the proceedings so I will refer primarily to her husband as the contradictor of the Council’s case.
2 It should be noted that one order for costs has already been made in the proceedings. On the motion of the respondents, but with the consent of the applicant, Pain J, on 20 March 2009, vacated the substantive hearing set down for five days commencing 30 March 2009, but ordered the respondents to pay the applicant’s “costs thrown away” as a consequence of that order, along with its costs of the motion to vacate.
3 Put shortly, the proceedings were commenced on 17 March 2008, Points of Claim and Defence were exchanged in July 2008, with a Reply filed in November 2008, and the case was set down on 28 November 2008 for hearing over five days commencing 30 March 2009. The whole matter (save for costs) then resolved, without a hearing, after Council granted a consent on 23 July 2009.
4 However, as is so often the…
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- Case
- [2010] NSWLEC 117
- Decision Date
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