Mansfield v Wyong Shire Council [2000] NSWLEC 260

Land and Environment Court of New South Wales

CITATION : Mansfield v Wyong Shire Council [2000] NSWLEC 260 APPLICANT: James Mansfield PARTIES : RESPONDENT: Wyong Shire Council FILE NUMBER(S) : 10441 of 1999 CORAM: Talbot J KEY ISSUES: Costs :- exceptional circumstances where formal proof of disputed jurisdictional fact is required LEGISLATION CITED: Land and Environment Court Act 1979 CASES CITED: Outdoor Australia Pty Ltd v Auburn Council (1996) 89 LGERA 365 DATES OF HEARING: 7/12/2000 DATE OF JUDGMENT: 12/12/2000

APPLICANT: Mr W R Davison SC

SOLICITORS: Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT: Mr W P O'Rourke (Solicitor)

SOLICITORS: Deacons Graham & James

JUDGMENT: IN THE LAND AND Matter No. 10441 of 1999 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 12 December, 2000

James Mansfield Applicant v Wyong Shire Council Respondent

REASONS FOR JUDGMENT

1. On 23 June 2000 I delivered judgment whereby there was a finding on a preliminary issue that use of part of the applicant's land for the purpose of steel fabrication is an existing use within the meaning of the definition contained in s 106(a) of the Environmental Planning and Assessment Act 1979.

2. These are class 1 proceedings which are the subject of cl 10 of the Land and Environment Court Practice Direction 1993 ("the Practice Direction"). Clause 10 reiterates the practice of the Court that no order for costs is made in planning and building appeals unless the circumstances are exceptional.