Hutchison 3G Australia Pty Ltd v Waverley Council [2003] NSWLEC 449

> Land and Environment Court of New South Wales

CITATION : Hutchison 3G Australia Pty Ltd v Waverley Council [2003] NSWLEC 449 APPLICANT: Hutchison 3G Australia Pty Ltd PARTIES : RESPONDENT: Waverley Council FILE NUMBER(S) : 10441 of 2002 CORAM: Bignold J KEY ISSUES: Costs :- Costs in class 1 proceedings LEGISLATION CITED: CASES CITED: DATES OF HEARING: 06/02/2003 EX TEMPORE JUDGMENT DATE : 02/06/2003

APPLICANT: Mr A Whealy, Solicitor

SOLICITORS PriceWaterhouse Coopers Legal LEGAL REPRESENTATIVES: RESPONDENT: Mr I Hemmings, Barrister

SOLICITORS McMahon and Associates

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

6 February 2003

10441 of 2003 HUTCHISON 3G AUSTRALIA PTY LTD v WAVERLEY COUNCIL

JUDGMENT

HIS HONOUR 1. This is an application for costs in Class 1 proceedings which were commenced by the Applicant on 31 July 2002 against the refusal by the Council of a development application to carry out development on a property known as 50 Botany Street Waverley. The proceedings were commenced following an exchange of correspondence between the parties' Solicitors.

2. That correspondence arose in circumstances where the Applicant had on foot in the Court existing proceedings against the Council in respect of the Council's decision on the development application to which I have earlier referred. Not only were the proceedings on foot at the time but they had been allocated a hearing date some eight or nine days after the commencement of the Class 1 proceedings, that is, they were allocated for hearing on 9 August 2002.