NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Pittwater Council v Granger [2006] NSWLEC 80 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT PARTIES : Pittwater Council RESPONDENT James Granger
FILE NUMBER(S) : 40778 of 2003
CORAM: Cowdroy J
KEY ISSUES: Costs :- legal costs incurred by council seeking compliance with consent orders - no proceedings on foot at the time costs incurred - whether costs were "costs of and incidental to proceedings" - whether costs should be awarded in respect of conduct subsequent to final orders in proceedings
Land and Environment Court Act 1979 s 69(2) LEGISLATION CITED: Land and Environment Court Rules 1996 Pt 15 r 7 Local Government Act 1993 s 124
Latoudis v Casey (1990) 170 CLR 534; CASES CITED: Oshlack v Richmond River Council (1998) 193 CLR 72; Re the Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622
DATES OF HEARING: 09/02/2006
EX TEMPORE JUDGMENT DATE : 02/09/2006
APPLICANT G B Furness LEGAL REPRESENTATIVES: SOLICITORS Mallesons Stephen Jaques RESPONDENT In person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Cowdroy J
9 February 2006
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