South Sydney City Council V Chernov [2000] NSWLEC 66

Land and Environment Court of New South Wales

CITATION : South Sydney City Council V Chernov [2000] NSWLEC 66 APPLICANT: South Sydney City Council PARTIES : RESPONDENT: Chernov FILE NUMBER(S) : 40012 of 1999 CORAM: Bignold J KEY ISSUES: Practice & Procedure :- Costs recoverable by litigant in person. Whether recovery should include amount in respect of Respondent's travel time from Melbourne to Sydney as a witness expense. LEGISLATION CITED: Land and Environment Court Act 1979 Cachia v Isaacs (unreported, Court of Appeal 23 March 1989; CASES CITED: Cachia v Hanes (1991) 23 NSWLR 403; Danieletto v Khera (1995) 35 NSWLR 684 DATES OF HEARING: 06/03/00 (written submissions) DATE OF JUDGMENT: 03/30/2000

APPLICANT: N/A SOLICITORS Pike Pike and Fenwick LEGAL REPRESENTATIVES: RESPONDENT: N/A SOLICITORS in person

JUDGMENT: IN THE LAND AND Matter No . 40012 of 1999 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 30 March 2000

SOUTH SYDNEY CITY COUNCIL

Applicant

v

VLADIMIR CHERNOV

Respondent

JUDGMENT ON COSTS

Bignold J:

1. In my judgment delivered on 19 April 1999 dismissing the Council's class 4 application seeking a mandatory order against the Respondent in respect of conditions of the Council's approval of structural engineering drawings, I made the following order in respect of costs: 3. The question of costs be reserved with liberty to the Respondent to apply for costs and expenses in the event of him not reaching agreement with the Council as to the payment of those costs and disbursements and expenses.