NSW Caselaw
Reported Decision : 103 LGERA 219
Land and Environment Court of New South Wales CITATION: Kentgreen Dural Pty Ltd -V- Hornsby Shire Council [1999] NSWLEC 158
PARTIES APPLICANT: Kentgreen Dural Pty Ltd
RESPONDENT Hornsby Shire Council
NUMBER: 10084 of 1999
CORAM: Bignold J
KEY ISSUES: Practice & Procedure :- Discontinuance of class 1 proceedings 3 weeks prior to fixed hearing - costs
LEGISLATION CITED: Pt 11 r 5 Rules of Court
DATES OF HEARING: 07/06/1999
DATE OF JUDGMENT DELIVERY: 07/08/1999
APPLICANT: Mr T. Robertson, Barrister
SOLICITORS: Macedone Christie Willis - Solari LEGAL REPRESENTATIVES: RESPONDENT: Mr M. Wright, Solicitor
SOLICITORS: Michell Sillar
JUDGMENT: TABLE OF CONTENTS
A. INTRODUCTION 1-5 B. THE BASIS FOR THE COUNCIL'S CLAIM FOR COSTS 6 C. RELEVANT PRINCIPLES FOR THE EXERCISE OF THE COURT'S DISCRETION 7-25 D. THE APPLICANT'S CASE THAT NO EXCEPTIONAL CIRCUMSTANCES HAVE BEEN ESTABLISHED 26-32 E. CONCLUSIONS 3 3-35 F. SHOULD THE COSTS TO BE AWARDED BE ON THE INDEMNITY BASIS? 36-37 G. ORDERS 38-42 IN THE LAND AND Matter No. 10084 of 1999 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 8 July 1999
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