Gosford City Council v Beville [Costs] [2003] NSWLEC 80

> Land and Environment Court of New South Wales

CITATION : Gosford City Council v Beville [Costs] [2003] NSWLEC 80 APPLICANT Gosford City Council PARTIES : RESPONDENT John Alexander Beville FILE NUMBER(S) : (4)0477 of 2002 CORAM: Pain J KEY ISSUES: Costs :- Class 4 - breach of Environmental Planning and Assessment Act 1979 - whether costs should be awarded LEGISLATION CITED: Land and Environment Court Act 1979 s 69 CASES CITED: Richmond River Council v Oshlack (1996) 39 NSWLR 622 DATES OF HEARING: 19/02/2003 EX TEMPORE JUDGMENT DATE : 02/19/2003

APPLICANT Mr P Donnellan (solicitor) SOLICITORS PJ Donnellan & Co LEGAL REPRESENTATIVES: RESPONDENT Mr B Spinks (solicitor) SOLICITORS Robinson Legal

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES (4) 0477 of 2002

Pain J

19 February 2003 GOSFORD CITY COUNCIL Applicant v JOHN ALEXANDER BEVILLE Respondent Judgment on Costs

1. It does seem to me that the Council was essentially successful in this matter. There was a slight modification of the order sought, but that was to ameliorate the impact of the declarations and demolition order because the complying development certificate is void.