Warringah Shire Council -V- Phillip Franks [1999] NSWLEC 136

Land and Environment Court of New South Wales CITATION: Warringah Shire Council -V- Phillip Franks [1999] NSWLEC 136

PARTIES APPLICANT: Warringah Shire Council

RESPONDENT: Franks

NUMBER: 40123 of 1997

CORAM: Bignold J

KEY ISSUES: Costs :- Respondent successful in resisting Applicant's claims to injunctive relief—on basis that Court's discretion exercised in favour of Respondent. Whether Respondent entitled to his costs

LEGISLATION CITED:

DATES OF HEARING: 05/03/1999

EX TEMPORE JUDGMENT DATE: 05/03/1999

APPLICANT: Mr A. Hudson, Solicitor SOLICITORS: Wilshire Webb

LEGAL REPRESENTATIVES: RESPONDENT: Mr P. Franks in person SOLICITORS: N/A

JUDGMENT: IN THE LAND AND Matter No . 40123 of 1997 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 3 May 1999

WARRINGAH SHIRE COUNCIL

Applicant

v.

PHILLIP FRANKS

Respondent

JUDGMENT

Bignold J:

1. This is a Motion for costs brought by Mr Franks, one of the Respondents to class 4 proceedings, which were brought by the Council against Mr Franks and two others on 26 May 1997, claiming a prohibitory injunction against each of the Respondents and restraining them from carrying out earthworks and the erection of a seawall on land known as 2 and 2A Goodwin Street, Narrabeen and on the adjoining Crown reserve forming part of the Collaroy/Narrabeen beachfront unless and until consent therefor had been obtained under the Environmental Planning and Assessment Act 1979 and the Local Government Act 1993 and for a mandatory injunction against each of them, requiring them within 21 days to demolish the partially constructed rock boulder wall, to remove the boulders and to re-instate the land upon which the wall was constructed.