ACM Landmark Pty Limited v Cessnock City Council [2006] NSWLEC 39

Land and Environment Court of New South Wales

CITATION : ACM Landmark Pty Limited v Cessnock City Council [2006] NSWLEC 39

APPLICANT ACM Landmark Pty Limited PARTIES : RESPONDENT Cessnock City Council

FILE NUMBER(S) : 10377 of 2005

CORAM: Pain J

KEY ISSUES: Practice and Procedure :- operation of slip rule

LEGISLATION CITED: Land and Environment Court Act 1979 s 69(8) Land and Environment Court Rules 1996 Pt 10 r 7(1), Pt 15 r 4, Pt 15 r 5, Pt 15 r 9(a), Pt 15 r 9(b), Pt 15 r 9(f)

Director-General, Department of Land & Water Conservation v Pye (No 2) [1999] NSWLEC 45; CASES CITED: Ervin Mahrer & Partners v Strathfield Council [2002] NSWLEC 97; Logwon Pty Ltd v Warringah Shire Council (1993) 33 NSWLR 13; L Shaddock & Assoc Pty Ltd v Parramatta CC (No 2) (1982) 151 CLR 590

DATES OF HEARING: 03/02/2006

EX TEMPORE JUDGMENT DATE : 02/03/2006

APPLICANT Mr PW Larkin (barrister) SOLICITOR Thompson Norrie LEGAL REPRESENTATIVES: RESPONDENT Mr J Maston (barrister) SOLICITOR Sparke Helmore

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

3 February 2006

10377 of 2005 ACM Landmark Pty Limited v Cessnock City Council

EX TEMPORE JUDGMENT 1 Her Honour: The Applicant has filed a Notice of Motion dated 2 December 2005 seeking various orders in relation to costs matters. The motion is seeking to vary one order relating to costs made by Watts C on 17 November 2005. 2 On that day the Registrar handed down on behalf of the Commissioner a written reserved judgment and orders. The orders made by the Commissioner, inter alia, upheld the Applicant's Class 1 appeal. The orders were also contained in final signed and sealed orders issued by the Registrar at the same time as she handed down the Commissioner's judgment and orders. Order 3 sought to be to set aside is that each party is to pay its own costs of the proceedings. The Council does not oppose or support the motion and is here only to protect its position on costs given that prayer 4 in the motion seeks the Applicant's costs of the motion.