WOOLWORTHS LTD v CAMPBELLS CASH AND CARRY PTY LTD and ORS [NO 3] [1996] NSWCA 564

WOOLWORTHS LTD v CAMPBELLS CASH AND CARRY PTY LTD [No 3]

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SHELLER, COLE and BEAZLEY JJA 22 October 1996, 2 December 1996

[1996] NSWCA 564

DEVELOPMENT CONSENTS — nature of Court orders — uncertainty of terms of consents

Sheller JA On 22 October 1996 Parramatta City Council, which was the third respondent in proceedings LEC40294/90 and appeal CA40311/93, and Liverpool City Council, which by amendment became the second applicant in proceedings LEC40299/90 and was the second respondent in appeal CA40310/93, asked for their costs of the proceedings in the Land and Environment Court. In his judgment of 19 September 1996, Cole JA proposed that the respondent pay the costs of Parramatta City Council in proceedings LEC40294/90 and of Liverpool City Council in proceedings LEC40299/90.

On 22 October 1996 we heard submissions about the Council's applications. Parramatta City Council was joined in the proceedings by an order of the Court made in December 1990. Both Councils were proper parties and supported the appellant's applications which have succeeded.

In my opinion, the respondent should, in those two proceedings, pay the Councils' costs. I propose the following orders:

1. In proceedings LEC40294/90 the respondent, Campbells Cash and Carry Pty Ltd to pay the costs of the Parramatta City Council in the Land and Environment Court.

2. In proceedings LEC40299/90 the respondent, Campbells Cash and Carry Pty Ltd to pay the costs of the Liverpool City Council in the Land and Environment Court.

Cole JA I agree with Sheller JA. Beazley JA I agree with Sheller JA. I propose the following orders: 1. In proceedings LEC40294/90 the respondent, Campbells Cash and Carry Pty Ltd to pay the costs of the Parramatta City Council in the Land and Environment Court. 2. In proceedings LEC40299/90 the respondent, Campbells Cash and