Bennette v Byron City Council [2001] NSWLEC 184

Reported Decision : 116 LGERA 235

Land and Environment Court of New South Wales

CITATION : Bennette v Byron City Council [2001] NSWLEC 184 APPLICANT: Bennette PARTIES : RESPONDENT: Byron City Council FILE NUMBER(S) : 10216 of 1997 CORAM: Bignold J KEY ISSUES: Costs :- Discontinuance of planning appeal on eve of fixed hearing dates-Conduct of parties in litigation. LEGISLATION CITED: Land and Environment Court Rules, Pt 11 r 5 Codlea Pty Ltd v Byron Shire Council (1999) 105 LGERA 370; CASES CITED: Manly Wharf Pty Ltd v Manly Council (1997) 98 LGERA 245 ; Menangle Sand and Soil Pty Ltd v Wingecarribee Shire Council (2000) 108 LGERA 209 ; Michael Bald and Associates v Byron Council (1999) NSWLEC DATES OF HEARING: 24/11/00, 27/11/00, 12/12/00, 09/01/01, 4/05/01 Written submissions DATE OF JUDGMENT: 08/14/2001

APPLICANT: Mr J Webster, Barrister SOLICITORS Stacks the Law Firm with Halliday & Stainlay LEGAL REPRESENTATIVES: RESPONDENT: Mr J Johnston, Barrister SOLICITORS Wilshire Webb

JUDGMENT:

IN THE LAND AND Matter No. 10216 of 1997 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 14 August 2001

J L BENNETTE

Applicant

v

BYRON CITY COUNCIL

Respondent

JUDGMENT

Bignold J: A. INTRODUCTION

1. The Respondent (the Council) seeks an order for costs in these Class 1 proceedings which were concluded by the Applicant's discontinuance of the proceedings on 21 January 2000 immediately following the refusal by Talbot J of the Applicant's application to vacate hearing dates that had been fixed for the proceedings (scheduled to commence on the next sitting day of the Court). The discontinuance was effected without the consent of the Council which foreshadowed its application for costs in the proceedings.