NSW Caselaw
Land and Environment Court of New South Wales CITATION: Janadele Ryman v Shoalhaven City Council [1999] NSWLEC 133
PARTIES APPLICANT Janadele Ryman
RESPONDENT Shoalhaven City Council
NUMBER: 40010 of 1998
CORAM: Cowdroy AJ
KEY ISSUES: Costs :- in class 4 - indemnity costs - party party costs - application made to vacate hearing refused - applicant filing notice of discontinuance - applicant seeking to withdraw notice of discontinuance after fixture - circumvention of courts orders - conduct of hearing - respondent raising inconsistent defences - orders made apportioning costs.
LEGISLATION CITED: Land & Environment Court Act 1979, s 69(2)
DATES OF HEARING: 06/09/1999
DATE OF JUDGMENT DELIVERY: 06/11/1999
APPLICANT Mr S Austin QC
SOLICITORS Back Schwartz Vaughan LEGAL REPRESENTATIVES: RESPONDENT Mr G Gleeson
SOLICITORS Morton & Harris
JUDGMENT: Background
1. On 16 April 1999 judgment was delivered in these proceedings. As the question of costs had not been argued, liberty was reserved to either party to apply for an order for costs. The court directed that in the event no such application was made, each party would pay its own costs.
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