North Sydney Council v O'Hara (Costs) [2003] NSWLEC 280

> Land and Environment Court of New South Wales

CITATION : North Sydney Council v O'Hara (Costs) [2003] NSWLEC 280 APPLICANT North Sydney Council PARTIES : RESPONDENT Louise O'Hara FILE NUMBER(S) : 40119 of 1999 CORAM: Talbot J KEY ISSUES: Costs :- whether disentitling conduct by successful party LEGISLATION CITED: Land and Environment Court Act 1979 s 69 Director-General of the Department of Land and Water Conservation v Ramke [1999] NSWLEC 22, unreported; Jzavellos v Canterbury City Council (1999) 105 LGERA 262; CASES CITED: Mantel v Anstee and Anor [2001] NSWLEC 202, unreported; Oshlack v Richmond River Council (1998) 193 CLR 72; Scott v Gosford City Council [2001] NSWLEC 282, unreported DATES OF HEARING: 22/04/2003 DATE OF JUDGMENT: 11/19/2003

APPLICANT Mr D Parry (Barrister) SOLICITORS LEGAL REPRESENTATIVES: Mallesons Stephen Jaques

RESPONDENT In Person

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 40119 of 1999

Talbot J

19 November 2003 North Sydney Council Applicant v Louise O'Hara Respondent Judgment

Introduction 1 Following a lengthy history of this matter dating back to 1996, which is detailed in earlier judgments, the applicant is now seeking an order set out in an amended notice of motion dated 20 November 2002 that the respondent pay the applicant's costs of the proceedings, including costs of applications made and notices of motion filed in the proceedings.