Mulwaree Shire Council v Cospak International Pty Limited [2003] NSWLEC 29

> Land and Environment Court of New South Wales

CITATION : Mulwaree Shire Council v Cospak International Pty Limited [2003] NSWLEC 29 APPLICANT: Mulwaree Shire Council PARTIES : RESPONDENT: Cospak International Pty Limited FILE NUMBER(S) : 40244 of 2001 CORAM: Bignold J KEY ISSUES: Costs :- costs in class 4 proceedings which were not finally prosecuted because of outcome in related class 1 proceedings. LEGISLATION CITED: CASES CITED: DATES OF HEARING: 07/11/02 EX TEMPORE JUDGMENT DATE : 11/07/2002

APPLICANT: Mr M Astill, Solicitor SOLICITORS Blake Dawson Waldron LEGAL REPRESENTATIVES: RESPONDENT: Mr P Zacharatos, Solicitor SOLICITORS Wright and Strickland

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . . 40244 of 2001 Coram : Bignold J 7 November 2002

MULWAREE SHIRE COUNCIL

Applicant

v

COSPAK INTERNATIONAL PTY LIMITED

Respondent

JUDGMENT

1. This is an application by the Council in class 4 proceedings which were commenced by the Council on 28 December 2001 claiming declaratory and injunctive relief in relation to a development consent that it had granted for the erection of a dwelling house on a rural property on 22 September 1999. A number of conditions were imposed upon that development consent, some of which were modified pursuant to modification applications made thereafter.

2. However, at the time the class 4 proceedings were commenced, it is not in dispute that condition 4 of the development consent relevantly required the developer owner of the property to create rights-of-way in respect of access arrangements to the dwelling located on the rural property. The declaration claimed was that the development had been carried out without complying with that particular condition and it is common ground that the dwelling house came into existence and has been occupied since the beginning of the year 2000. The injunctive relief claimed by the Council was for a mandatory order for compliance with condition 4.