NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Prestige Building Services Pty Ltd v Coffs Harbour City Council and Anor [2006] NSWLEC 72
APPLICANT Prestige Building Service Pty Ltd
PARTIES : FIRST RESPONDENT Coffs Harbour City Council
SECOND RESPONDENT Department of Infrastructure, Planning and Natural Resources
FILE NUMBER(S) : 10746 of 2004
CORAM: Preston CJ
KEY ISSUES: Costs :- planning appeals - no order unless fair and reasonable - proposed order by Commissioner - whether concurrence should be granted - amendment of plans after report of court appointed expert - amendment did not fully address fundamental concern of expert - unnecessary expense of further assessment and report by expert on amended plans - applicant proposed amendment of class 1 application - amendment proper - respondent delaying unreasonably in agreement to amendment - applicant put to unnecessary expense of notice of motion
LEGISLATION CITED: Land and Environment Court Act 1979, s 69(8)
Prestige Building Services Pty Ltd v Coffs Harbour City Council [2005] NSWLEC 435 (10 August 2005); CASES CITED: Prestige Building Services Pty Ltd v Coffs Harbour City Council and Anor [2005] NSWLEC 707 (13 December 2005); Statewide Development Pty Limited v Minister for Infrastructure and Planning [2005] NSWLEC 353 (1 July 2005)
DATE OF JUDGMENT: 02/21/2006
APPLICANT Ms N Zrno (solicitor) SOLICITORS LEGAL REPRESENTATIVES: Colin Biggers & Paisley FIRST RESPONDENT Mr J Mulder (solicitor) SOLICITORS MBT Lawyers
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