Moyle v Sutherland Shire Council

[2008] NSWLEC 41

Land and Environment Court

of New South Wales

CITATION:

Buchanan; Kapanke; Moyle v Sutherland Shire Council [2008] NSWLEC 41

PARTIES:

30290 of 2005
APPLICANTS:
Kerrie Jane Buchanan and Tony Charles Buchanan

RESPONDENT:
Sutherland Shire Council

30291 of 2005
APPLICANTS:
Traudel Kapanke and Manfred Kapanke

RESPONDENT:
Sutherland Shire Council

30292 of 2005
APPLICANTS:
Trudie Leonie Kathleen Moyle and Gregory John Moyle

RESPONDENT:
Sutherland Shire Council

FILE NUMBER(S):

30290; 30291; 30292 of 2005

CORAM:

Biscoe J

KEY ISSUES:

Compulsory Acquisition of Land :- assessment of applicant’s legal and consultant’s costs under s 59(a) and (b) of Land Acquisition (Just Terms Compensation) Act 1991.

LEGISLATION CITED:

Land Acquisition (Just Terms Compensation) Act 1991 s 59(a) and (b)

CASES CITED:

Buchanan; Kapanke; Moyle v Sutherland Shire Council [2007] NSWLEC 243

DATES OF HEARING:

19/12/07 (written submissions)

 
DATE OF JUDGMENT: 

1 February 2008

LEGAL REPRESENTATIVES:

APPLICANTS:
Mr J Burrell, solicitor
SOLICITORS
Burrell Solicitors

RESPONDENT:
Mr J Cole, solicitor
SOLICITORS
Home Wilkinson Lowry

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

BISCOE J

1 February 2008

30290 of 2005

BUCHANAN v SUTHERLAND SHIRE COUNCIL

30291 of 2005

KAPANKE v SUTHERLAND SHIRE COUNCIL

30292 of 2005

MOYLE v SUTHERLAND SHIRE COUNCIL

JUDGMENT

1 HIS HONOUR: The only remaining issue in these resumption compensation proceedings which have otherwise been resolved, is the quantum of the applicants’ legal and consultant costs under s 59(a) and (b) of the Land Acquisition (Just Terms Compensation) Act 1991. That issue is consequential upon the declarations and orders in my judgment dated 2 May 2007 in these proceedings: Buchanan; Kapanke; Moyle v Sutherland Shire Council [2007] NSWLEC 243 at [29].

2 The parties have made written submissions and have consented to my determining the quantum of these costs without giving reasons. I determine their quantum at $11,211.14.

3 Having regard to the result compared with the competing positions of the parties, I order the respondent to pay 50 percent of the applicants’ costs of the applicants’ notices of motion filed on 28 November 2007 relating to this issue. The proceedings will be listed before me at 9.30 am on Thursday 7 February 2008 for the purpose of making final orders in relation to the whole proceedings. By 4 pm on the preceding day the parties are to send agreed or competing short minutes of final orders electronically to my chambers.