Dunne & Anor v Chief Commissioner of State Revenue [2000] NSWLEC 52

Land and Environment Court of New South Wales

CITATION : Dunne & Anor v Chief Commissioner of State Revenue [2000] NSWLEC 52 APPLICANT: Donald James Dunne and Jury Lynn Dunne PARTIES : RESPONDENT: Chief Commissioner of State Revenue FILE NUMBER(S) : 30034 and 30237 of 1999 CORAM: Sheahan J KEY ISSUES: Costs :- in Class 3 LEGISLATION CITED: Foboco Pty Ltd v Kiama Municipal Council (Sheahan J, NSWLEC, 23 April 1998, unreported); Raiti v Leichhardt Municipal Council (1991) 72 LGRA 333; CASES CITED: Minas v Botany Council (1987) 65 LGRA 129; Latoudis v Casey (1991) 70 CLR 534; Kremer & Associates v North Sydney Municipal Council (1982) 47 LGRA 209 DATES OF HEARING: 06/03/00 EX TEMPORE 03/06/2000 JUDGMENT DATE :

APPLICANT: Mr A Hyam (Barrister)

LEGAL REPRESENTATIVES: RESPONDENT: Mr P Kelso (Solicitor) SOLICITORS: Taylor Kelso

JUDGMENT: IN THE LAND AND Matter No: 30034 and 30237 of 1999 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 6 March 2000

DONALD JAMES O'NEIL DUNNE & JURY LYNN DUNNE Applicants v

CHIEF COMMISSIONER OF STATE REVENUE Respondent

JUDGMENT

1. The applicants in these two Class 3 matters seek an order for costs on the basis stipulated in the Practice Direction of the court, namely that the circumstances are so exceptional as to enliven the court's discretion in their favour.

2. They rely on a list of cases which I reviewed in depth in the matter of Foboco Pty Ltd v Kiama Municipal Council (No.10360 of 1997, 23 April 1998) to which Mr Hyam also referred at some length. To my knowledge no issue has been taken in this court with my analysis in Foboco of the correct principles for me to apply.