Byron Shire Council v Archibald [2003] NSWLEC 48

> Land and Environment Court of New South Wales

CITATION : Byron Shire Council v Archibald [2003] NSWLEC 48 revised - 4/03/2003 APPLICANT Byron Shire Council PARTIES : RESPONDENT Kevin Archibald FILE NUMBER(S) : 40109 of of 1999 CORAM: Cowdroy J KEY ISSUES: Costs :- consent orders - whether costs order should be made when proceedings are settled following negotiated agreement LEGISLATION CITED: Land and Environment Court Act 1979, s 69 CASES CITED: Oshlack v Richmond River Council 1998 193 CLR 72 DATES OF HEARING: 07/08/2002 EX TEMPORE JUDGMENT DATE : 08/07/2002

APPLICANT Mr A Hudson (Solicitor)

SOLICITORS Wilshire Webb Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr J Atkin (Barrister)

SOLICITORS Walters Solicitors

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 40109 of 1999

Cowdroy J.

07/08/2002 BYRON SHIRE COUNCIL Applicant v KEVIN ARCHIBALD Respondent Judgment

1 In matter number 40109 of 1999 the Court notes that parties have been able to resolve their differences and have embodied their arrangement in the form of draft consent orders which have been produced to the Court today. The Court has considered the proposed declaration and orders and regards them as appropriate.