Bezzina Developers Pty Limited v Leichhardt Municipal Council [2006] NSWLEC 615

Land and Environment Court of New South Wales

CITATION : Bezzina Developers Pty Limited v Leichhardt Municipal Council [2006] NSWLEC 615

APPLICANT Bezzina Developers Pty Limited PARTIES : RESPONDENT Leichhardt Municipal Council

FILE NUMBER(S) : 31415 of 2004

CORAM: Talbot J

KEY ISSUES: Costs :- special order in respect of defined issues.

CASES CITED: Bezzina Developers Pty Limited v Leichhardt Municipal Council [2006] NSWLEC 175

DATES OF HEARING: 28/08/2006

DATE OF JUDGMENT: 09/29/2006

APPLICANT Mr M Gilbert (barrister) SOLICITORS Deacons LEGAL REPRESENTATIVES:

RESPONDENT Mr T Robertson SC SOLICITORS Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J 29 September 2006

31415 of 2004 Bezzina Developers Pty Limited v Leichardt Municipal Council.

JUDGMENT 1 Talbot J: Following a thirteen day hearing I delivered a judgment on 13 April 2006 (Bezzina Developers Pty Limited v Leichhardt Municipal Council [2006] NSWLEC 175). I made orders regarding the payment of compensation representing the market value of land acquired by the council in the sum of $9,700,000.00 and loss attributable to disturbance in the sum of $31,375.00 a total of $9,731,375.00. The question of costs was reserved.

2 By notice of motion 13 June 2006 the applicant seeks an order that the respondent pay the applicant's costs of the proceedings and of the notice of motion. Conversely by notice of motion 18 July 2006 the respondent council seeks the following orders:- a Costs in respect of the Applicant's claim for disturbance.