Randwick City Council v Athens Holdings Pty Limited and Anor [2003] NSWLEC 87

> Land and Environment Court of New South Wales

CITATION : Randwick City Council v Athens Holdings Pty Limited and Anor [2003] NSWLEC 87 APPLICANT Randwick City Council

FIRST RESPONDENT PARTIES : Athens Holdings Pty Limited (ACN 001 166 552)

SECOND RESPONDENT Peta Athens FILE NUMBER(S) : 40135 of 2003 CORAM: Pain J KEY ISSUES: Costs :- Class 4 proceedings - whether costs should be awarded - subject matter of one order sought removed before hearing - whether Pt 15 r 7 of Court Rules applied - parties settled in relation to second order sought after all evidence and submissions were heard - whether Court could look at merits of case in deciding costs issue Environmental Planning and Assessment Act 1979 s 121H LEGISLATION CITED: Land and Environment Court Act 1979 s 69 Land and Environment Court Rules 1996 Pt 15 r 7 Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194; CASES CITED: Joanou v Randwick City Council (1999) 105 LGERA 237; Re the Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997)186 CLR 622 DATES OF HEARING: 12/02/2003, written submissions - 13, 19, 21/02/2003, DATE OF JUDGMENT: 02/26/2003

APPLICANT Mr AJJ Thompson (barrister) SOLICITORS Bowen & Gerathy LEGAL REPRESENTATIVES: RESPONDENTS Mr S Levitt (solicitor) SOLICITORS Selby Levitt