NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Newcastle City Council v Winwood [2005] NSWLEC 294
APPLICANT: Newcastle City Council PARTIES : RESPONDENT: David Winwood
FILE NUMBER(S) : 40301 of 2004
CORAM: Pain J
KEY ISSUES: Costs :- whether Council claim satisfied - whether proceedings justifiably commenced continued and settled - whether Respondent acted unreasonably
Environmental Planning and Assessment Act 1979 s 76A, s 123 LEGISLATION CITED: Land and Environment Court Act 1979 s 69 Land and Environment Court Rules 1996 Pt 15 r 7
Jan Yee Australia Pty Limited v Woollahra Council [1997] NSWLEC 33; CASES CITED: Latoudis v Casey (1990) 170 CLR 534; Re Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622
DATES OF HEARING: 31/05/2005
DATE OF JUDGMENT: 06/03/2005
APPLICANT: Mr C Leggat (barrister) with Mr N Laing (barrister) SOLICITORS: Sparke Helmore LEGAL REPRESENTATIVES:
RESPONDENT: Mr M Preece (barrister) SOLICITORS: Ramsland Graham
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
3 June 2005
40301 of 2004 Newcastle City Council v David Winwood
JUDGMENT 1 Her Honour: By Class 4 Application dated 12 March 2004, Newcastle City Council ("the Council") sought in Order 5 an order for costs. The Respondent opposes the order sought by the Council and seeks its own costs of the proceedings.
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