Gunning Shire Council v Phantastes [2001] NSWLEC 64

Land and Environment Court of New South Wales

CITATION : Gunning Shire Council v Phantastes [2001] NSWLEC 64 APPLICANT PARTIES : Gunning Shire Council RESPONDENT Tony Phantastes FILE NUMBER(S) : 40187 of 1999 CORAM: Sheahan J KEY ISSUES: Costs :- Class 4 proceedings - settled without hearing - earlier dates vacated - notices of motion for costs LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121B Beilby v Viney Pty Ltd & Anor [2000] NSWLEC 93; CASES CITED: Marrickville Council v Syfurn [1999] NSWLEC 71; Port Stephens Council v Grivas [1999] NSWLEC 135; Jan Yee Australia Pty Ltd v Woollahra Council & Anor (40232 of 1995, 26 March 1997) DATES OF HEARING: 05/02/2001 EX TEMPORE JUDGMENT DATE : 02/05/2001

APPLICANT Solicitors LEGAL REPRESENTATIVES: Mr A Bradbury RESPONDENT Mr Tony Phantastes (in person)

JUDGMENT:

IN THE LAND AND Matter No: 40187 of 1999 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 5 February 2001 GUNNING SHIRE COUNCIL Applicant v TONY PHANTASTES Respondent JUDGMENT

1. These class 4 proceedings were settled and consent orders were made by Cowdroy J on 9 October 2000. Both parties are seeking an order for costs in their favour in respect of both the settled proceedings and the Notice of Motion for costs.

2. Mr Phantastes' dealings with the Council over the use of his land, and development of a gallery on it, at Collector, have a long and quite complex history, relevantly beginning with a development application/development consent (DC92/12) in May/June 1992 for a "sculpture studio/gallery" and/or "sculpture workplace".