NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Conomos v Mosman Municipal Council (No. 2) [2005] NSWLEC 137
APPLICANT George Conomos PARTIES : RESPONDENT Mosman Municipal Council
FILE NUMBER(S) : 10854 of 2004
CORAM: Tuor C.
KEY ISSUES: Costs :- Respondent sought costs for applicant's unsuccessful cost application
Conomos v Mosman Municipal Council [2004] NSWLEC 586; CASES CITED: Conomos v Mosman Municipal Council [2005] NSWLEC 118; Gee v Port Stephens Council [2003] NSWLEC 260
DATES OF HEARING: 28/02/05
DATE OF JUDGMENT: 03/29/2005
APPLICANT Ms J Hold, Solicitor SOLICITORS Verekers Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Ms S Duggan, Barrister SOLICITORS Pike Pike & Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
29 March 2005
10854 of 2004 (2) George Conomos v Mosman Municipal Council
JUDGMENT
1 This is an application by Mosman Municipal Council (council) for the costs of the Notice of Motion heard on the 28 February 2005 where the Applicant sought costs for the class 1 appeal that was heard on 20 October 2004. I upheld a class 1 appeal for the reasons published in Conomos v Mosman Municipal Council [2004] NSWLEC 586. No order as to costs was sought or made at that time. 2 The Applicant's motion for costs failed for the reasons that I published in Conomos v Mosman Municipal Council [2005] NSWLEC 118. 3 Prior to 2 February 2004 the practice of the Court was to award costs only where there were exceptional circumstances. From this date the Land and Environment Court Rules Amendment No. 8 2003 came into effect and amended the basis for costs in class 1 cases. The relevant provisions of Pt 16 of the Rules now reads: (2) No order for the payment of costs will be made in proceedings to which this rule applies unless the court considers that the making of a costs order is in the circumstances of the particular case fair and reasonable . 4 Ms Duggan, for the council, in support of council's application for costs submitted that:
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