Scott v Gosford City Council [2001] NSWLEC 282

Land and Environment Court of New South Wales

CITATION : Scott v Gosford City Council [2001] NSWLEC 282 APPLICANT Scott PARTIES : RESPONDENT Gosford City Council FILE NUMBER(S) : 40054 of 2000 CORAM: Pearlman J KEY ISSUES: Costs :- class 4 proceedings - discontinuance - previous application to strike out - warnings about costs - means of party subject to costs order LEGISLATION CITED: Duncan v Moore and Ors (2000) 107 LGERA 430; CASES CITED: Gribbles Pathology Pty Ltd v Health Insurance Commission and Ors (1997) 80 FCR 284; Re The Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622 DATES OF HEARING: 20/11/2001 EX TEMPORE JUDGMENT DATE : 11/20/2001

APPLICANT Mr R Whitlock (Agent) SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT Mr M Fraser (Barrister) SOLICITORS P J Donnellan & Co

JUDGMENT:

IN THE LAND AND 40054 of 2000 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 20 November 2001

MAUREEN JOYCE SCOTT Applicant v GOSFORD CITY COUNCIL Respondent

JUDGMENT

1. The sole matter before the court this morning is the council's application for costs in class 4 proceedings which have been discontinued by the applicant.

2. It is appropriate to outline a little about these proceedings as a basis for determining whether costs should be awarded or not. The proceedings were commenced by a class 4 application filed in the Court on 28 March 2000. In essence, the applicant claimed orders from the Court restraining the council from prosecuting the applicant in relation to her activities. Those activities concerned her business of selling seafood in a public place.