Marrickville Council -V- Syfurn P/L & Ors. [1999] NSWLEC 71

Land and Environment Court of New South Wales CITATION: Marrickville Council -V- Syfurn P/L & Ors. [1999] NSWLEC 71

PARTIES APPLICANT: Marrickville Council

RESPONDENT: Syfurn P/L & Ors

NUMBER: 40166 of 1998

CORAM: Bignold J

KEY ISSUES: Costs :- Class 4 proceedings settled by consent orders granting Council relief claimed.—Whether Council guilty of misconduct to deprive it of costs.

LEGISLATION CITED:

DATES OF HEARING: 03/24/1999

EX TEMPORE JUDGMENT DATE: 03/24/1999

APPLICANT: Mr. C.W. McEwen, Barrister SOLICITORS: Phillips Fox LEGAL REPRESENTATIVES: RESPONDENT: Mr M. Rayhill SOLICITORS: Michael N. Rayhill & Co.

JUDGMENT: IN THE LAND AND Matter No. 40166 of 1998 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 24 March 1999

MARRICKVILLE COUNCIL

Applicant

v.

SYFURN PTY LIMITED

First Respondent

KEVIN WATSON

Second Respondent

MICHAEL RAYHILL

Third Respondent

JUDGMENT

Bignold J:

1.On 26 August 1998, the Council commenced class 4 proceedings against the Respondents who own or are relevantly interested in the ownership of premises known as 553 New Canterbury Road, Dulwich Hill, claiming a declaration that the Respondents were carrying out development in breach of conditions 2 and 3 of Development Consent No. 12891 granted by the Council in 1990 for the use of the premises as a general wholesale and auction centre.