NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Oosthuizen v Sutherland Shire Council [2001] NSWLEC 137 APPLICANT Oosthuizen PARTIES : RESPONDENT Sutherland Shire Council FILE NUMBER(S) : 10236 of 2001 CORAM: Cowdroy J KEY ISSUES: Costs :- class one proceedings - application for costs order or alternatively costs in respect of one issue - whether issue was unreasonably pursued by council - issue supported by expert evidence - conduct of council justified - no exceptional circumstances - no order for costs LEGISLATION CITED: Land and Environment Court Act 1979 s 69 Practice Direction 1993 Berk v Woollahra Municipal Council [No 2] (1992) 78 LGERA 180; Cretazzo v Lombardi (1975) 13 SASR 4; CASES CITED: Hughes v Western Australian Cricket Association (Inc.) (1986) 8 ATPR 40-478; Maurici v Chief Commissioner of State Revenue [2001] NSWCA 78; McDonald Industries Limited v Sydney City Council (1979-81) LGRA 428; Oshlack v Richmond River Council (1998) 193 CLR 72 DATES OF HEARING: 25/06/01 DATE OF JUDGMENT: 07/19/2001
APPLICANT Mr P Tomasetti (Barrister)
SOLICITORS Gregory J Halpin LEGAL REPRESENTATIVES: RESPONDENT Ms S Duggan (Barrister)
SOLICITORS Sutherland Shire Council
JUDGMENT:
IN THE LAND AND MATTER No. 10236 of 2000 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 19/7/01
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