Moodley T v Botany Bay City Council [2004] NSWLEC 183

Land and Environment Court of New South Wales

CITATION : Moodley T v Botany Bay City Council [2004] NSWLEC 183 APPLICANT Moodley T PARTIES : RESPONDENT Botany Bay City Council FILE NUMBER(S) : 11438 & 11440 of 2003 CORAM: Hussey C KEY ISSUES: Costs :- Application LEGISLATION CITED: Land and Environment Court Act 1976 CASES CITED: Tensat Chullora No. 2 Trust v Valuer-General (110 LGRA 227 p 233); Gee v Port Stephens Council [2003] NSWLEC 260 (17 October 2003 DATES OF HEARING: 16/04/2004 DATE OF JUDGMENT: 05/21/2004

APPLICANT Mr T Moodley

LEGAL REPRESENTATIVES: RESPONDENT Mr T O'Connor, solicitor SOLICITORS Houston Dearn O'Connor

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11438 & 11440 of 2003 Hussey C 21 May 2004

T Moodley Applicant

v Botany Bay City Council Respondent Judgment

1. This costs application arises from the following two appeals, involving development of a site at 6 Ivy Street, Botany: - Appeal No. 11438/03; s 96 modification to an approved two-storey dwelling, on the rear portion of the site. - Appeal No. 11440/03; development application for the demolition of an existing dwelling and construction of a new dwelling on the front portion of the site.

2 . As the main issues in these initial appeals concerned access and privacy considerations in respect of both the new dwellings, the parties agreed that they be heard together at a s 34 conference. After hearing the respective cases, this resulted in the two appeals being upheld, subject to amended conditions.