Tabaquero V Campbelltown City Council [2000] NSWLEC 68

Land and Environment Court of New South Wales

CITATION : Tabaquero V Campbelltown City Council [2000] NSWLEC 68 APPLICANT: Tabaquero PARTIES : RESPONDENT: Campbelltown City Council FILE NUMBER(S) : 10768 of 1999 CORAM: Bignold J KEY ISSUES: Costs :- Class 1 proceedings - Discontinuance of proceedings a few days before fixed hearing date. Discontinuance held to constitute special circumstances within the Court's Practice Direction on costs. LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 CASES CITED: Kentgreen Dural Pty Ltd v Hornsby Shire Council (1999) 103 LGERA 219; Manly Wharf Pty Ltd v Manly Council (1997) 98 LGERA 245 DATES OF HEARING: 30/03/00 DATE OF JUDGMENT: 03/31/2000

APPLICANT: Mr J Webster, Barrister SOLICITORS Thurlow Fisher LEGAL REPRESENTATIVES: RESPONDENT: Mr A Seton, Solicitor SOLICITORS Marsdens

JUDGMENT: IN THE LAND AND Matter No . 10768 of 1999 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 31 March 2000

DIEGO TABAQUERO

Applicant

v

CAMPBELLTOWN CITY COUNCIL

Respondent

JUDGMENT ON COSTS

Bignold J:

1. By its Notice of Motion filed 22 February 2000, the Respondent (the Council) seeks an order that the Applicant pay the Council's costs in the proceedings, involving an appeal pursuant to the Environmental Planning and Assessment Act 1979 s 97against the Council's determination refusing development consent to an application to erect a building for use as a church and school on land known as lot 130, Deposited Plan 135465, situate at Denham Court (the appeal site).