Papadatos v Randwick City Council [2000] NSWLEC 55

Land and Environment Court of New South Wales

CITATION : Papadatos v Randwick City Council [2000] NSWLEC 55 APPLICANT Papadatos PARTIES : RESPONDENT Randwick City Council FILE NUMBER(S) : 10588 of 1999 CORAM: Cowdroy J KEY ISSUES: Development Application :- Application refused - appeal - notice of motion to strike out appeal - notice of motion dismissed LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land and Environment Court Rules 1996 CASES CITED: Stollznow v Calvert (1980) 2 NSWLR 749 DATES OF HEARING: 29/02/99 EX TEMPORE 02/29/2000 JUDGMENT DATE :

APPLICANT Mr J Keogh (Barrister)

SOLICITORS Not applicable LEGAL REPRESENTATIVES: RESPONDENT Ms K Gerathy (Solicitor)

SOLICITORS Bowen & Gerathy

JUDGMENT:

IN THE LAND AND MATTER No. 10586 of 1999 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 29/02/00

Papadatos Applicant v Randwick City Council Respondent JUDGMENT

1. In this application which was commenced by notice of motion dated 16 February 2000, the respondent seeks an order that the proceedings be struck out for want of prosecution and the applicant pay the respondent's costs of the proceedings and costs.

2. The history of the matter commences with the refusal of a development application by the respondent to an application relating to a dual occupancy. That application class one was commenced on 29 July 1999. The matter had come before the Registrar on several occasions when Mrs Papadatos appeared in person and Ms Gerathy appeared for Randwick City Council ("the council"). When the matter came before the Court initially there was no appearance by council. On that occasion, it was stood over and the council was notified apparently of its non-attendance.