Port Stephens Shire Council -V- Grivas and Ors. [1999] NSWLEC 135

Land and Environment Court of New South Wales CITATION: Port Stephens Shire Council -V- Grivas and Ors. [1999] NSWLEC 135

PARTIES APPLICANT: Port Stephens Shire Council

RESPONDENTS: Grivas and Ors.

NUMBER: 40219 of 1998

CORAM: Bignold J

KEY ISSUES: Costs :- Class 4 proceedings—settled by consent orders granting Applicant relief claimed—Whether costs should be awarded to Council on basis of settlement outcome.

LEGISLATION CITED:

DATES OF HEARING: 05/12/1999

EX TEMPORE JUDGMENT DATE: 05/12/1999

APPLICANT: Mr J Maston, Barrister SOLICITORS: Sparke Helmore LEGAL REPRESENTATIVES: RESPONDENTS: Mr T Moore, Barrister SOLICITORS: Marshall and Partners

JUDGMENT: IN THE LAND AND Matter No. 40219 of 1998 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 12 May 1999

PORT STEPHENS COUNCIL

Applicant

v.

PETER GRIVAS

First Respondent

ANN ELIZABETH GRIVAS

Second Respondent

BRADLEY GRIVAS

Third Respondent

JUDGMENT

Bignold J:

1. On 13 November 1998 Port Stephens Shire Council (the Council) commenced proceedings in this Court against the three Respondents, Mr and Mrs Grivas and their son, seeking a declaration that the Respondents were carrying out development upon property known as No 8 George Street, Fullerton Cove, without development consent and a consequential injunction restraining the Respondents from carrying out unauthorised development on the property. The proceedings were concluded save for the question of costs when orders were made by the Court by consent on 27 April this year.