Croghan -V- Hawkesbury City Council [1999] NSWLEC 134

Land and Environment Court of New South Wales CITATION: Croghan -V- Hawkesbury City Council [1999] NSWLEC 134

PARTIES APPLICANT: Croghan

RESPONDENT: Hawkesbury City Council

NUMBER: 30199 of 1995

CORAM: Bignold J

KEY ISSUES: Costs :- whether the Applicant should be regarded as being substantially successful in the litigation—effect of certain agreements made between parties in course of litigation

LEGISLATION CITED: Land Acquisition (Just Terms) Compensation Act 1991

DATES OF HEARING: 04/21/1999

EX TEMPORE JUDGMENT DATE: 04/21/1999

APPLICANT: Mr P. Tomasetti, Barrister SOLICITORS; Mervyn J Cathers & Co. LEGAL REPRESENTATIVES: RESPONDENT: Mr D. Miller, Barrister SOLICITORS: Abbott Tout

JUDGMENT: IN THE LAND AND Matter No. 30199 of 1995 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 21 April 1999

ALAN FRANCIS CROGHAN

Applicant

v.

HAWKESBURY CITY COUNCIL

Respondent

JUDGMENT

Bignold J:

1. By its Motion filed on 4 March 1999 the Applicant seeks an order for costs in proceedings involving an objection pursuant to the Land Acquisition (Just Terms) Compensation Act 1991 (Just Terms Act) in respect of the compulsory acquisition by the Council of land previously owned by the Applicant, by Compulsory Acquisition Notice published in the Government Gazette No.86 of 14 July 1995.