Care and Anor v Canterbury City Council [2001] NSWLEC 169

Reported Decision : 115 LGERA 252

Land and Environment Court of New South Wales

CITATION : Care and Anor v Canterbury City Council [2001] NSWLEC 169 APPLICANTS Care and Anor PARTIES : RESPONDENT Canterbury City Council FILE NUMBER(S) : 11079 of 2000 CORAM: McEwen AJ KEY ISSUES: Costs :- class 1 proceedings - order under s 121B of the Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Act 1979, s 121B, LEGISLATION CITED: s 121H Land and Environment Court Act 1979, s 69 James Mansfield v Wyong Shire Council [2000] NSWLEC 260; CASES CITED: Maurici v Chief Commissioner of State Revenue [2001] NSWCA 78; Outdoor Australia v Auburn Council (1996) 89 LGRA 365 DATES OF HEARING: 21/06/2001 EX TEMPORE JUDGMENT DATE : 06/21/2001

APPLICANTS Mr M Campbell (Barrister)

SOLICITORS George Bassil and Associates LEGAL REPRESENTATIVES: RESPONDENT Ms M Doheny (Solicitor)

SOLICITORS Pike Pike and Fenwick

JUDGMENT:

IN THE LAND AND 11079 of 2000 ENVIRONMENT COURT McEwen AJ OF NEW SOUTH WALES 21 June 2001

Victor Care and Nives Care Applicants v Canterbury City Council Respondent JUDGMENT

1. This matter comes before the Court pursuant to the applicant's Notice of Motion dated 8 May 2001 seeking an order for costs against the Council in respect of the hearing which was conducted by Commissioner Nott on 10 April 2001. Those proceedings concerned the effectiveness of an order given by the respondent Council under section 121B of the Environmental Planning and Assessment Act 1979, addressed to the applicants in respect of premises in Canterbury Road, Roselands. The notice had a brief history and background which I ought to refer to before turning to the issue before the Court now.