Kennedy v Woollahra Municipal Council

Case •

[2005] NSWLEC 226

•

07/22/2005

No judgment structure available for this case.

Land and Environment Court


of New South Wales


CITATION:

Kennedy & Anor v Woollahra Municipal Council [2005] NSWLEC 226
PARTIES:

Tom Kennedy (Appl)
Ben Raymond (Appl)
Woollahra Municipal Council (Resp)
FILE NUMBER(S):

10824 of 2002
CORAM:

McClellan CJ
KEY ISSUES:

Costs :- fair and reasonable costs
Work done by court appointed expert beyond the assessment of the plans
Concur with the Commissioner in the making of the order for costs
 
DATE OF JUDGMENT: 


07/22/2005

EX TEMPORE JUDGMENT DATE:

03/04/2005
LEGAL REPRESENTATIVES:


JUDGMENT:

      THE LAND AND
      ENVIRONMENT COURT
      OF NEW SOUTH WALES

      McCLELLAN J

      FRIDAY, 22 JULY 2005

      10824/02 KENNEDY & ORS v WOOLLAHRA MUNICIPAL COUNCIL

      JUDGMENT: Reasons for judgment on concurrence

1 HIS HONOUR: In this matter I have considered the reasons why Commissioner Tuor is of the opinion that an order for costs should be made.

2 Essential to the Commissioner's reasons is the fact that the applicant, by being granted leave to rely upon amended plans, is the beneficiary of work done by the court appointed expert beyond the assessment of the plans, the subject of the original application.

3 The Court has recently changed its general approach to amended plans and will, provided the interests of the council and any objectors are adequately protected, generally allow a party to bring forward amended plans for consideration in the appeal.

4 However, apart from ensuring that the hearing is fair it is also necessary to recognise that particularly, when a court expert is appointed the council may incur costs beyond those which it should reasonably be expected to bear in consideration of the appeal.

5 The Court will be concerned in every case to ensure that where a council could be disadvantaged in this way by an acceptance of amended plans an appropriate order for costs is made.

6 I am satisfied, for the reasons expressed by Commissioner Tuor, that the order she proposes is appropriate in this case and accordingly I concur in the making of that order.

      **********
Actions
Download as PDF Download as Word Document
Cases Citing This Decision

4

Grant v Kiama Municipal Council [2006] NSWLEC 70
The Warehouse Pty Limited v City of Sydney Council [2007] NSWLEC 488
Sammut Developments Pty Ltd v Sutherland Shire Council [2006] NSWLEC 117
Cases Cited

0

Statutory Material Cited

0