TWR Property Pty Limited v Parramatta City Council

[2004] NSWLEC 323

Land and Environment Court

of New South Wales

CITATION:	TWR Property Pty Limited & Ors v Parramatta City Council [2004] NSWLEC 323
PARTIES:	TWR Property Pty Limited (A) PJR Property Pty Limited (A) TJW Property Pty Limited (A) Parramatta City Council (R)
FILE NUMBER(S):	11647 of 2003
CORAM:	McClellan CJ
KEY ISSUES:	Costs :- Application for concurrence or otherwise by Chief Judge of a Commissioner's costs determination
LEGISLATION CITED:
CASES CITED:
DATES OF HEARING:
DATE OF JUDGMENT:	10/22/2004
LEGAL REPRESENTATIVES:	D Wilson (A) Ellis McLachlan (Solicitor - A) C Gough (Solicitor - R) Storey & Gough (Solicitor - R)

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

McCLELLAN J

FRIDAY 22 OCTOBER 2004

11647/03 TWR PROPERTY PTY LTD & ORS v PARRAMATTA CITY COUNCIL

JUDGMENT

1 HIS HONOUR: In this matter Commissioner Tuor determined the application following which the applicant sought an order that the respondent pay the applicant’s costs in relation to a number of sitting days.

2 After hearing submissions, Commissioner Tuor determined that it was appropriate to order the respondent to pay the applicant’s costs for the hearing on 4 May 2004.

3 Commissioner Tuor offered the parties an opportunity, in accordance with the Practice Directions, to make submissions to me as to whether or not I should concur in the decision made by Commissioner Tuor. Both parties indicated to Commissioner Tuor that they did not wish to make any further submissions to me in relation to the matter.

4 I have considered the reasons of Commissioner Tuor and I am satisfied that it is appropriate for the order which she has determined to be made. This case emphasises the necessity for litigants to ensure that they act in a timely fashion so as to avoid unnecessary court hearings which will not only cause the other party to incur costs but which will also inflate that party’s own costs.

5 The making of the order for costs proposed by Commissioner Tuor in this case will adequately compensate the applicant for costs which it unreasonably incurred by reason of the respondent’s failure to efficiently deal with the matter.

6 Accordingly I concur in the order for costs made by Commissioner Tour.

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