NSW Caselaw
Reported Decision : 122 LGERA 74
Land and Environment Court of New South Wales
CITATION : Over Our Dead Body Society Inc. v Byron Bay Community Association Inc. [2002] NSWLEC 99 APPLICANT: Over Our Dead Body Society Inc. PARTIES : RESPONDENT: Byron Bay Community Association Inc. FILE NUMBER(S) : 40088 of 2001 CORAM: Bignold J KEY ISSUES: Costs :- Class 4 application where declaratory relief only obtained-exercise of Court's costs discretion. LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 81A(2) Land and Environment Court Act, s 69 Armstrong v Landmark Corporation Ltd (1966) 85 W N (NSW) (Pt 1) 238; Donald Campbell and Co v Pollak (1927) AC 732; CASES CITED: Latoudis v Casey (1990) 170 CLR 534; Ohn v Walton (1995) 36 NSWLR 77; Oshlack v Richmond River Council (1998) 193 CLR 72 DATES OF HEARING: 22 March 2002 DATE OF JUDGMENT: 06/24/2002
APPLICANT: Mr T Hale SC SOLICITORS Beesley and Hughes
LEGAL REPRESENTATIVES: RESPONDENT: Mr J Webster, Barrister SOLICITORS Stone and Partners
JUDGMENT:
IN THE LAND AND Matter No. 40088 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 24 June 2002
OVER OUR DEAD BODY SOCIETY INCORPORATED
Applicant
v
BYRON BAY COMMUNITY ASSOCIATION INCORPORATED
Respondent
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