Koprivnjak, J v Blue Mountains Council [2003] NSWLEC 450

> Land and Environment Court of New South Wales

CITATION : Koprivnjak, J v Blue Mountains Council [2003] NSWLEC 450 APPLICANT: Koprivnjak, J PARTIES : RESPONDENT: Blue Mountains City Council FILE NUMBER(S) : 10281 of 2003 CORAM: Bignold J KEY ISSUES: Costs :- Costs in class 1 matter due to discontinuance of proceedings LEGISLATION CITED: Land and Environment Court Rules, Pt 11 CASES CITED: DATES OF HEARING: 04/02/2003 EX TEMPORE JUDGMENT DATE : 02/04/2003

APPLICANT: In person

SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT: T Cork, Solicitor

SOLICITOS McPhee Kelshaw

JUDGMENT:

2

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

4 February 2003

10281 of 2003 KOPRIVNJAK v BLUE MOUNTAINS CITY COUNCIL

JUDGMENT

HIS HONOUR 1. This is an application by notice of Motion filed in Class 1 proceedings on 8 November 2002 by Blue Mountains City Council seeking an order that the Applicant in the proceedings pay the Council's costs in the proceedings including the costs of the Motion. The Council's claim for costs is founded upon the provisions of the Rules of Court Pt 11 r 5 which provides in subrule (1): If a party to any proceedings discontinues them in whole or in part, the Court may on the application of another party order the discontinuing party to pay the costs of any party against whom the discontinued claim was brought and who does not consent to the discontinuance.