Liverpool City Council v Kumaragamage P.R [2005] NSWLEC 173

Land and Environment Court of New South Wales

CITATION : Liverpool City Council v Kumaragamage P.R [2005] NSWLEC 173

APPLICANT Liverpool City Council

PARTIES : RESPONDENT Prabha Ranjee Kumaraagamage (also known as Prabha Ranjee Kumaragamage-Dona)

FILE NUMBER(S) : 40052 of 2003

CORAM: Talbot J

KEY ISSUES: Costs :-

Environmental Planning and Asssessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 s 69 Local Government Act 1993

DATES OF HEARING: 07/03/2005 EX TEMPORE JUDGMENT DATE : 03/07/2005

APPLICANT Mr I J Hemmings (Barrister) SOLICITORS Marsdens Law Group LEGAL REPRESENTATIVES:

RESPONDENT Mr Kumaragamage (Agent) SOLICITORS n/a

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

7 March 2005

40052 of 2003 Liverpool City Council v Prabha Ranjee Kumaragamage (also known as Prabha Ranjee Kumaragamage – Dona)

JUDGMENT 1 Talbot J: The litigation that has been concluded today has a long history since the proceedings were first commenced on 20 January 2003.

2 During the period since the proceedings were commenced, the position of Prabha Ranjee Kumaragamage (also known as Prabha Ranjee Kumaragame-Dona) ("the respondent") has varied from time to time from a strong opposition to the Council's position and claims for orders, to a situation where, in respect of at least one issue, ultimately no submissions were made to the contrary of the Council's position. I think it is fair to say that the respondent has demonstrated throughout a definite concern that she has been placed in an unfair position by the Council and that she clearly believes that she has not been treated in a way that accords with what is expected of a Council exercising a statutory duty.