Vanmeld Pty Limited V Fairfield City Council [1999] NSWLEC 47

Land and Environment Court of New South Wales CITATION: Vanmeld Pty Limited V Fairfield City Council [1999] NSWLEC 47

PARTIES Applicant Vanmeld Pty Limited

Respondent Fairfield City Council

NUMBER: 40077 of 1997

CORAM: Sheahan J

KEY ISSUES: :- In Class 4

LEGISLATION CITED: In Class 4

DATES OF HEARING: 02/19/1999

EX TEMPORE JUDGMENT DATE: 02/19/1999

Mr R Butler of Jennifer E Darin Solicitor LEGAL REPRESENTATIVES: Ms L McCusker Deacons Graham & James Solicitors

JUDGMENT:

IN THE LAND AND Matter No: 40077 of 1997 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 19 February 1999

VANMELD PTY LIMITED Applicant v

FAIRFIELD CITY COUNCIL Respondent EXTEMPORE JUDGMENT (Revised from Transcript)

HIS HONOUR:

1. In this matter the respondent moves on a notice of motion filed on 13 January to bring the question of costs squarely before the Court. The motion seeks orders that the applicant pay the respondent's costs of the proceedings in matter no 40077 and also the costs of the notice of motion and the costs of today.

2. It is trite to suggest that this has been a complex matter. On the substantive issues involved in the class 4 application there have been, in the twelve months from December 1997 to December 1998, three considered judgments delivered. In each of those judgments I reserved the question of costs in the class 4 proceedings, even though those judgments allowed some related class 1 proceedings to continue to run along with the matter. Appropriately the respondent asks for no orders for costs in respect of the class 1 proceedings and I will certainly not be making any such order at this stage.