NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Mid-Coast Council v Gazecki (No 2) [2024] NSWLEC 103 Hearing dates: 03 October 2024 Date of orders: 03 October 2024 Decision date: 03 October 2024 Jurisdiction: Class 4 Before: Pain J Decision: The Court orders that the Respondents are to pay the Council's costs of the notice of motion filed 3 August 2024 as amended by the notice of motion filed 16 August 2024. Catchwords: COSTS – award of costs to applicant council in interlocutory proceedings following unsuccessful notice of motion seeking to change terms of undertaking by respondents Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.7 Cases Cited: Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1; [2002] NSWSC 432 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Mid-Coast Council v Gazecki [2024] NSWLEC 88 Mundi v Hesse [2018] NSWSC 1548 Verde Terra Pty Ltd v Central Coast Council; Central Coast Council v Verde Terra Pty Ltd (No 5) [2020] NSWLEC 48 Texts Cited: Nil Category: Costs Parties: Mid-Coast Council (Applicant) John Gazecki (First Respondent) Natalie Decorte (Second Respondent) Representation: Counsel: A Jucha (Applicant) J Gazecki (Litigant in person, First Respondent) N Decorte (Litigant in person, Second Respondent)
Solicitors: Local Government Legal (Applicant) N/A (Respondents) File Number(s): 2024/00061055
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