North Sydney Council v O'Hara [2000] NSWLEC 119

Land and Environment Court of New South Wales

CITATION : North Sydney Council v O'Hara [2000] NSWLEC 119 APPLICANT North Sydney Council PARTIES : RESPONDENT O'Hara FILE NUMBER(S) : 40119B of 1999 CORAM: Cowdroy J KEY ISSUES: Costs :- notice of motion for costs - notice of motion for stay of Court's orders. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land and Environment Court Rules 1996 Pt 15 r 9, Pt 12 r 1 CASES CITED: Autodesk Incorporated and Anor v Dyerson and Ors No 2 (1992-1993) 176 CLR 300; Bailey v Marinoff (1971) 125 CLR 529 DATES OF HEARING: 7/6/00 EX TEMPORE 06/07/2000 JUDGMENT DATE :

APPLICANT Mr P Clay

SOLICITORS Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT In person

SOLICITORS n/a

JUDGMENT:

IN THE LAND AND MATTER No. 40119B of 1999 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 7 June 2000

North Sydney Council Applicant v Louise O'Hara Respondent JUDGMENT

1. Before the Court today are two notices of motion each instituted by the respondent Ms O'Hara. They arise following a judgment delivered by this Court on 31 March 2000.

2. The first notice of motion relates to the question of costs of these proceedings. In the judgment which was delivered on 29 November 1999 the Court made no order as to costs but made a direction that any application for costs of that hearing and reserved costs be stood over until the work referred to in [par] 2 of those orders had been completed.