> Land and Environment Court of New South Wales CITATION : Gorczynski v Perera & Dee & Ors (No. 3) [2003] NSWLEC 170 APPLICANT Peter Francis Gorczynski FIRST RESPONDENTS Ravini Neluka Perera and Rebecca Patrica Dee PARTIES : SECOND RESPONDENT Annandale Services Pty Limited trading as Ray White Real Estate Annandale THIRD RESPONDENT Leichhardt Council FILE NUMBER(S) : 40208 of 2001; 40120 of 2000; 40012 of 2000; 30079 of 2000 CORAM: Cowdroy J KEY ISSUES: Costs :- award of costs - orders LEGISLATION CITED: CASES CITED: DATES OF HEARING: 4/12/2002 EX TEMPORE JUDGMENT DATE : 02/06/2003 APPLICANT Mr W. Chaffey (Solicitor) SOLICITORS Windeyer Dibbs FIRST RESPONDENT and SECOND RESPONDENT Ms E. Duenow (Solicitor) LEGAL REPRESENTATIVES: SOLICITORS Mallesons Stephen Jaques THIRD RESPONDENT SOLICITORS Pike Pike & Fenwick JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 40208 of 2001, 40120 of 2000, 40012 of 2000, 30079 of 2000 Cowdroy J 6 February 2003 Peter Francis Gorczynski Applicant v Ravini Neluka Perera and Rebecca Patrica Dee First Respondents Annandale Services Pty Limited trading as Ray White Real Estate Annandale Second Respondent Leichhardt Council Third Respondent Judgment No. 3 1 In the proceedings 40208 of 2001 the Court heard extensive argument and evidence from the parties concerning inter alia the validity of Leichhardt Council's grant of two development consents. For the reasons set out in the written judgment the Court has determined that the consents are valid. Accordingly the Court orders:- 1. The application be dismissed; 2. The applicant pay the costs including the reserved costs of each of the respondents; 3. The exhibits be returned. I publish my reasons. 2 The question of costs had been reserved in proceedings 40120 of 2000, 40012 of 2000, 30079 of 2000 as the costs in proceedings 40208 of 2001 for which an order has already been made. The Court has reviewed the nature of the proceedings in each of those claims and for the reasons set out in the written judgment the Court makes the following orders. 3 In proceedings 40012 of 2000 the Court orders that:- 1. No order for costs be made as between the applicant and Leichhardt Council; 2. The first respondents, namely Ravini Niluka Perera and Rebecca Patricia Dee, pay the costs of the applicant including the costs incurred by the applicant regarding the reference. 4 In proceedings 30079 of 2000 the Court orders that there be no order as to costs. 5 In proceedings 40120 of 2000 the Court orders that:- 1. The applicant pay Leichhardt Council's costs of these proceedings; 2. There be no order as to costs as between the applicant and Annandale Services Pty Limited. The Court publishes its reasons in respect of the three costs matters referred to. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.