Wilson & Anor v Pittwater Council [2000] NSWLEC 204

Land and Environment Court of New South Wales

CITATION : Wilson & Anor v Pittwater Council [2000] NSWLEC 204 APPLICANT Wilson & Anor PARTIES : RESPONDENT Pittwater Council FILE NUMBER(S) : 40114 of 2000 CORAM: Cowdroy J KEY ISSUES: Costs :- claim settled - each party seeking costs - exercise of Court's discretion - compromise reached by parties - Court making no order for costs LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Supreme Court Rules 1970 CASES CITED: Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia Ex Parte Lai Quin (1997) 186 CLR 624 DATES OF HEARING: 15/9/00 EX TEMPORE 09/15/2000 JUDGMENT DATE :

APPLICANT Mr D Wilson (Barrister)

SOLICITORS Coyne & Whitemore Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr D Parry (Barrister)

RESPONDENT Mallesons Stephens Jaques

JUDGMENT:

IN THE LAND AND MATTER No. 40114 of 2000 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 15/8/00

Derek Wilson First Applicant

Anne Wilson Second Applicant v Pittwater Council Respondent JUDGMENT

1. On 30 November 1999 orders were made by consent ("the orders") in proceedings no 40142 of 1997 relating to work which the respondents ("Wilsons") agreed to undertake at their premises known as 53 Prince Alfred Parade, Newport ("the site"). The work related to the demolition of an existing timber retaining wall, the removal of fill and the insertion of drainage controls to prevent storm water from accessing 51 Prince Alfred Parade, Newport ("No. 51") which was at a lower level than the site.