Turk v Hunt and Anor [2001] NSWLEC 27

Land and Environment Court of New South Wales

CITATION : Turk v Hunt and Anor [2001] NSWLEC 27 APPLICANT Turk PARTIES : RESPONDENTS Hunt and Anor FILE NUMBER(S) : 30283 of 1999 CORAM: Pearlman J KEY ISSUES: Costs :- in class 3 - encroachment - no hearing on merits - offers of settlement LEGISLATION CITED: Encroachment of Buildings Act 1922 s 14 Land and Environment Court Act 1979 s 69 CASES CITED: Latoudis v Casey (1990) 170 CLR 534; Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 623 DATES OF HEARING: 30/11/2000; 05/02/2001 DATE OF JUDGMENT: 03/15/2001

APPLICANT Mr P W Larkin (Barrister) SOLICITORS Corrs Chambers Westgarth LEGAL REPRESENTATIVES: RESPONDENTS Mr I J Hemmings (Barrister) SOLCITORS Eakin McCaffery Cox

JUDGMENT:

IN THE LAND AND 30283 of 1999 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 15 March 2001

LOIS AGNES TURK Applicant v JOHN WILLIAM HUNT AND MARIA THERESE HUNT Respondents

JUDGMENT

Introduction

1. The only issue for the Court to determine in this matter is the question of costs. The parties have settled the substantive proceedings and orders have been made by consent, but the parties have been unable to agree on the question of costs.