Conomos v Mosman Municipal Council (3) [2005] NSWLEC 274

Land and Environment Court of New South Wales

CITATION : Conomos v Mosman Municipal Council (3) [2005] NSWLEC 274

APPLICANT George Conomos PARTIES : RESPONDENT Mosman Municipal Council

FILE NUMBER(S) : 10854 of 2004

CORAM: Tuor C.

Costs - Development Consent :- Respondent sought costs for applicant's unsuccessful costs application. KEY ISSUES: Quantum of costs to be awarded

DATES OF HEARING: 28/02/05

DATE OF JUDGMENT: 05/27/2005

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

27 May 2005

10854 of 2004 (3) George Conomos v Mosman Municipal Council

JUDGMENT

1 On 29 March 2005, for the reasons published in Conomos v Mosman Municipal Council [2005] NSWLEC 137, I determine that, the subject to the concurrence of the Chief Judge, it is appropriate that the Applicant pay the council's costs for the motion on 28 February 2005. The quantum of the costs was to be determined and to be included in any order that I should make. To that end, the parties were directed to provide written submissions; the council identifying the quantum it seeks to which the Applicant was to respond. 2 The parties have complied with the direction. 3 The council seeks the following costs: 1. Counsel's fees in respect of advice and appearance at the motion - $3,200 (exclusive of GST) 2. Pike Pike & Fenwick professional costs of $1,325 (exclusive of GST) based on five hours at an hourly rate of $265 per hour. 4 The Applicant's response dealt mainly with reasons why the costs for the class one appeal were sought and were justified. I refused this application for costs on 28 February 2005 for the reasons given in Conomos v Mosman Municipal Council [2005] NSWLEC 118. In relation to the quantum of costs sought by council, the Applicant's submission was: