Council of the City of Sydney v Chapman [2007] NSWLEC 146

Land and Environment Court of New South Wales

CITATION : Council of the City of Sydney v Chapman [2007] NSWLEC 146

APPLICANT Council of the City of Sydney PARTIES : RESPONDENT Colin Thomas Chapman

FILE NUMBER(S) : 40597 of 2006

CORAM: Jagot J

KEY ISSUES: Costs :- civil enforcement - proceedings settled after grant of development consent - proceedings commenced without notice - no order as to costs

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121B Land and Environment Court Act 1979 s 69

CASES CITED: Kiama Council v Grant (2006) 143 LGERA 441; Melbourne University Publishing Ltd v Williamson [2005] FCA 1910

DATES OF HEARING: 12 March 2007

EX TEMPORE JUDGMENT DATE : 12 March 2007

APPLICANT Mr S Kondilios (solicitor) SOLICITORS Maddocks Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr J Hannaford (solicitor) SOLICITORS Hannaford Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Jagot J

12 March 2007

40597 of 2006

COUNCIL OF THE CITY OF SYDNEY Applicant

COLIN THOMAS CHAPMAN Respondent

JUDGMENT Jagot J: 1 This is a notice of motion by the Council of the City of Sydney seeking an order that the respondents pay the Council's costs of the proceedings as agreed or assessed. In response to the Council's application, the respondents also seek an order that the Council pay their costs of the proceedings, as well as an order for costs of the notice of motion. The proceedings are class 4 proceedings arising out of circumstances relating to a spa, which I will briefly describe.