NSW Caselaw
Land and Environment Court of New South Wales
CITATION : MacDonald v Mosman Municipal Council [2000] NSWLEC 67 APPLICANT: PARTIES : Roderick MacDonald RESPONDENT: Mosman Municipal Council FILE NUMBER(S) : 10166 of 1999 CORAM: Lloyd J KEY ISSUES: Costs :- planning and building appeal - conduct of both parties amounting to exceptional circumstances - applicant's conduct cancels out entitlement to costs - costs of motion for costs Conveyancing Act 1919, s88B LEGISLATION CITED: Environmental Planning & Assessment Act 1979, s79C(1)(e) Land and Environment Court Act 1979, s39(4), s69 Latoudis v Casey (1990) 170 CLR 934; MacDonald v Mosman Municipal Council (1999) 105 LGERA 49; CASES CITED: Outdoor Australia Pty Ltd v Auburn Council (1996) 89 LGERA 365; Pancho Properties Pty Ltd v Wingecarribee Shire Council I (No 2) [1999] NSWLEC 277; Pavements and Excavations Pty Ltd v Tones, NSWCA, 28 March 1991, unreported DATES OF HEARING: 24/02/00 DATE OF JUDGMENT: 04/11/2000
APPLICANT: T S Hale (barrister) SOLICITORS: Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT: P C Tomasetti (barrister) SOLICITORS: Hill Thomson & Sullivan
JUDGMENT: IN THE LAND AND Matter No: 10166 of 1999 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 11/04/00
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