Lagzdins v Jones and Anor [2002] NSWLEC 104

Land and Environment Court of New South Wales

CITATION : Lagzdins v Jones and Anor [2002] NSWLEC 104 APPLICANT: Lagzdins PARTIES : RESPONDENTS: Jones and Anor. FILE NUMBER(S) : 30153 of 2000 CORAM: Bignold J KEY ISSUES: Costs :- costs in class 3 proceedings-case settled but for question of costs-relevant principles. LEGISLATION CITED: Encroachment of Buildings Act 1922 CASES CITED: Coombwood Pty Ltd v Baulkham Hills Shire Council (1995) 86 LGERA 319; Re Minister for Immigration and Ethnic Affairs Ex parte Lai Qin (1997) 186 CLR 622 DATES OF HEARING: 1 May, 2001, 17 June 2002 DATE OF JUDGMENT: 06/28/2002

APPLICANT: Mr A Fernon, Barrister SOLICITORS Paul Crane LEGAL REPRESENTATIVES: RESPONDENT: Mr H Stowe, Barrister SOLICITORS Fishburn Watson and O'Brien

JUDGMENT:

IN THE LAND AND Matter No. 30153 of 2000 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 28 June 2002

MARA LAGZDINS

Applicant

v

GEOFFREY JONES AND MICHIKO YOSHIDA

Respondents

JUDGMENT

Bignold J: A. INTRODUCTION

1. The parties have settled these class 3 proceedings (involving a claim to relief under the Encroachment of Buildings Act 1922 (the Act)) except for the question of costs.

2. The proceedings were commenced 28 September 2000 after the Applicant had obtained an ex parte interlocutory injunction from Talbot J on 27 September 2000 restraining the Respondents "from doing any act that changes the physical condition" of a specified portion of land owned by the Respondents at Coffs Harbour "including any retaining walls and any vegetation thereon".