Grant v Kiama Municipal Council (No 2) [2005] NSWLEC 629

Land and Environment Court of New South Wales

CITATION : Grant v Kiama Municipal Council (No 2) [2005] NSWLEC 629

APPLICANT J B Grant PARTIES : RESPONDENT Kiama Municipal Council

FILE NUMBER(S) : 11245 of 2003

CORAM: Moore C

KEY ISSUES: Costs :-

Land and Environment Court Act 1979 LEGISLATION CITED: Land and Environment Court Rules 1996 .

Grant v Kiama Council [2005] NSWLEC 58; CASES CITED: Latoudis v Casey [1990] 170 CLR 534; .

DATES OF HEARING: 11 October 2005 EX TEMPORE JUDGMENT DATE : 10/11/2005

APPLICANT Ms L Byrnes, barrister INSTRUCTED BY LEGAL REPRESENTATIVES: Thurlow Fisher

RESPONDENT Mr P Moggach, solicitor Kearns and Garside

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

11 October 2005

03/11245 J B Grant v Kiama Municipal Council

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

JUDGMENT 1 This is a decision in response to a Notice of Motion in proceedings 11245 of 2003 which was an appeal by Mr Grant against the refusal of a development application by Kiama Municipal Council (the council). The decision on the merits of the application is Grant v Kiama Council [2005] NSWLEC 58. 2 The Notice of Motion is filed on behalf of the council and seeks costs for a number of specified elements in the proceedings - those costs being sought despite the fact that the council is, in technical terms, the unsuccessful party to the proceedings.