Sutherland Shire Council v Obradovic [2001] NSWLEC 69

Land and Environment Court of New South Wales

CITATION : Sutherland Shire Council v Obradovic [2001] NSWLEC 69 APPLICANT Sutherland Shire Council PARTIES : RESPONDENT Obradovic FILE NUMBER(S) : 40236 of 1998 and 40074 of of 2000 CORAM: Pearlman J KEY ISSUES: Costs :- in class 4 LEGISLATION CITED: Local Government Act 1993 s 124, s 181 CASES CITED: DATES OF HEARING: 14/03/2001 EX TEMPORE JUDGMENT DATE : 03/14/2001

APPLICANT Mr S M Berveling SOLICITORS Abbott Tout LEGAL REPRESENTATIVES: RESPONDENT in person SOLICITORS N/A

JUDGMENT:

IN THE LAND AND 40236 of 1998 and 40074 of 2000 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 14 March 2001

SUTHERLAND SHIRE COUNCIL Applicant v ALEXANDER OBRADOVIC Respondent

JUDGMENT

1. There are two notices of motion which relate to the matter of costs. One, which is the first in time, is Mr Obradovic's notice of motion seeking that the applicant, that is, the council, pay his costs of the proceedings.

2. The cost order which Mr Obradovic, the respondent, seeks is prayer 2 of the notice of motion; 2. Order that the applicant pay respondent costs. (Prayer 1 is the subject of an earlier judgment (see Sutherland Shire Council v Obradovic [2001] NSWLEC 68)). 3. The second notice of motion, which is second in time, is the council's opposing motion seeking an order that Mr Obradovic pay the council's costs of the proceedings.