Smith v Randwick City Council [No 2] [2001] NSWLEC 88

Land and Environment Court of New South Wales

CITATION : Smith v Randwick City Council [No 2] [2001] NSWLEC 88 APPLICANTS Smith PARTIES : RESPONDENT Randwick City Council FILE NUMBER(S) : 10827 of 2000 CORAM: Cowdroy J KEY ISSUES: Costs :- Class one appeal and notice of motion for summary judgment heard simultaneously - no order for costs LEGISLATION CITED: Land and Environment Court Rules 1996 Pt 15 r 9 Land and Environment Court Practice Direction 1993 General Steel Industries Inc. v Commissioner for Railways (NSW) & Ors (1964) 112 CLR 125; CASES CITED: MacDonald v Mosman Municipal Council [No 2] (2000) 107 LGERA 211 ; Outdoor Australia Pty Limited v Auburn Council (1996) 89 LGERA 365 DATES OF HEARING: 4/5/01 DATE OF JUDGMENT: 05/24/2001

APPLICANT Mr T Hale SC

SOLICITORS Taylor Kelso LEGAL REPRESENTATIVES: RESPONDENT Mr A Thompson (Barrister)

SOLICITORS Bowen & Gerathy

JUDGMENT:

IN THE LAND AND MATTER No. 10827 of 2000 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 24/5/01

Norman and Janelle Smith Applicants v Randwick City Council Respondent JUDGMENT [No 2]

1. By notice of motion made pursuant to Part 15 r 9(b) of the Land and Environment Court Rules 1996 ("the Rules") the applicants seek to vary an order for costs ("the costs order") made in the judgment of the Court delivered on 27 April 2001 ("the judgment"). The costs order requires the applicant to pay the respondent's costs of the appeal heard on 18 April 2001. The Registrar has not signed nor sealed a minute of the final order disposing of the proceedings as provided by Pt 15 r 4 of the Rules, and the Court thereby retains jurisdiction to entertain this motion.