Ervin Mahrer and Partners v Strathfield Municipal Council [2000] NSWLEC 245

Reported Decision : 111 LGERA 308

Land and Environment Court of New South Wales

CITATION : Ervin Mahrer and Partners v Strathfield Municipal Council [2000] NSWLEC 245 APPLICANT: Ervin Mahrer and Partners PARTIES : RESPONDENT: Strathfield Municipal Council FILE NUMBER(S) : 10088 of 2000 CORAM: Bignold J KEY ISSUES: Costs :- Hearing of class 1 proceedings vacated on Motion of Council on account of Applicant's conduct in the litigation. Whether Council entitled to an order for costs of the Motion and costs thrown away by virtue of the vacation of the hearing dates

LEGISLATION CITED: Litevale Pty Ltd v Lismore City Council (1997) 96 LGERA 91; CASES CITED: MacDonald v Mosman Municipal Council (No 2) (2000) 107 LGERA 211; Tenstat Chullora No. 2 Trust v The Valuer General & Anor [2000] NSWLEC 212. DATES OF HEARING: 12 July 2000 DATE OF JUDGMENT: 11/30/2000

APPLICANT: Mr M Astill, Solicitor SOLICITORS: Blake Dawson Waldron

LEGAL REPRESENTATIVES: RESPONDENT: Mr D Baird, Solicitor SOLICITORS Price Waterhouse Coopers

JUDGMENT: IN THE LAND AND Matter No . 10088 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 30 November 2000

ERVIN MAHRER & PARTNERS

Applicant

v

STRATHFIELD MUNICIPAL COUNCIL

Respondent

JUDGMENT ON COSTS

Bignold J:

A. INTRODUCTION

1. On 12 July 2000, on the Notice of Motion filed 7 July 2000 by the Respondent (the Council), I vacated the hearing dates that had been fixed for the hearing on 12 to 19 July 2000 of the pending Class 1 proceedings involving an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 97 against the Council's deemed refusal of the Applicant's development application for a development that had been described as: