Walker v Kempsey Shire Council and Anor. [2001] NSWLEC 84

Land and Environment Court of New South Wales

CITATION : Walker v Kempsey Shire Council and Anor. [2001] NSWLEC 84 APPLICANT: Walker PARTIES : RESPONDENTS: Kempsey Shire Council and Anor. FILE NUMBER(S) : 10853 of 2000 CORAM: Bignold J KEY ISSUES: Costs :- in class 1 proceedings disposed of by consent orders (save as to costs). No exceptional circumstances justifying departure from Practice Direction. Costs awarded in respect of hearing on costs LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 98 CASES CITED: Tenstat Chullora No 2 Trust v The Valuer General (2000) 110 LGERA 227; MacDonald v Mosman Council (No 2) 107 LGERA 211 DATES OF HEARING: 10 April 2001 EX TEMPORE JUDGMENT DATE : 04/10/2001

APPLICANT: Mr S Berveling, Solicitor SOLICITORS Abbott Tout

FIRST RESPONDENT: LEGAL REPRESENTATIVES: Mr G E Underwood, Barrister SECOND RESPONDENT: Mr D Brigden, Solicitor SOLICITORS: FIRST RESPONDENT: Howard Sheridan Cooney Harvey SECOND RESPONDENT: Freehills

JUDGMENT:

IN THE LAND AND Matter No. 10853 of 2000 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 10 April 2001

ELLIS WALKER

Applicant

v

KEMPSEY SHIRE COUNCIL

First Respondent

JOHN PHILLIPS

Second Respondent

JUDGMENT

Bignold J:

1. There are before the Court two competing Motions claiming costs in class 1 proceedings which were settled and disposed of, save for the question of costs, by orders made by the Court by consent on 5 March 2001. The appeal proceedings comprise an Applicant appeal pursuant to the Environmental Planning and Assessment Act, s 98 filed in Court on 5 September 2000 appealing against a decision of the first Respondent, the Kempsey Shire Council, to grant development consent in accordance with its Notice of Determination notified to the second Respondent on 10 August 2000.